If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of Navipur, was preparing for an international trip to the Republic of Eldoria. Being a diligent customer, he made sure to deactivate the international roaming feature on his postpaid mobile connection from “Skywave Communications” two days before his flight. He did this through the company’s official app and also received a confirmation SMS, which he saved along with a screenshot as proof. However, upon his arrival in Eldoria, as soon as he connected to the airport’s free Wi-Fi, he received a notification from Skywave Communications: “Your international roaming pack is now active.” Mr. Verma had not requested or authorized any such pack. For his entire trip, he kept his mobile data and roaming settings turned off to avoid any charges. To his dismay, upon returning to India, his monthly bill showed a charge of ₹5,500 for the very international roaming pack he had never activated. This left him in a dilemma about how to proceed against this unfair billing practice.

Advice in such cases

• Gather all your evidence immediately. This includes screenshots, confirmation messages, bills, and any other relevant documents.
• Contact the telecom provider’s customer service through a channel that provides a record, such as email or their official complaint portal. Clearly state the facts and provide your evidence.
• If the initial customer service contact does not resolve the issue, escalate the matter to the company’s Nodal Officer and then to the Appellate Authority. Their contact details are required to be published on the company’s website.
• Do not simply ignore the bill. Pay the undisputed amount of your bill and inform the company in writing that you are withholding payment only for the specific, disputed charge pending resolution.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation is a classic example of a “deficiency in service” and “unfair trade practice” under the Consumer Protection Act, 2019. Charging a consumer for a service that was not only unsolicited but also explicitly deactivated constitutes a clear violation of consumer rights. The Telecom Regulatory Authority of India (TRAI) also has strict guidelines that mandate explicit consent from the consumer before activating any paid service. A consumer is well within their rights to file a complaint in the appropriate Consumer Disputes Redressal Commission (District, State, or National, based on the total value of the goods or services paid as consideration) to seek redressal.

If you are the complainant

• The first step is to exhaust the internal grievance redressal mechanism of the service provider. This is often a prerequisite for escalating the matter.
• Maintain a chronological record of all your communications, including dates, times, and reference numbers for your complaints.
• If the company fails to provide a satisfactory resolution, your advocate can draft and send a comprehensive legal notice detailing your grievance and demanding the reversal of the charge and compensation for harassment.
• Should the legal notice fail to elicit a proper response, the next course of action is to file a formal complaint before the Consumer Commission.

If you are the victim

• Your immediate action should be to secure all evidence. Download the disputed bill, save all SMS and email communications, and keep your screenshots safe.
• Formally register your dispute with the telecom company. An email is preferable as it creates a permanent, time-stamped record of your complaint.
• Clearly state that you are disputing the specific charge and will not be paying that portion of the bill. This shows your intent to settle the legitimate charges while contesting the unfair ones.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In matters of billing disputes, the police generally do not have jurisdiction. This is considered a civil dispute between a consumer and a service provider, not a criminal offence. If you were to approach a police station, they would rightfully guide you to pursue the matter through the consumer grievance channels of the company or file a case with the Consumer Disputes Redressal Commission. Police intervention would only be considered if there is strong evidence of a criminal offence like cheating as defined under the Bharatiya Nyaya Sanhita (BNS), which requires proving malicious intent and is a much higher standard than a service deficiency.

FAQs people normally have

• Do I have to pay the entire bill to avoid disconnection? You should pay the part of the bill that is not in dispute. Communicate clearly to the provider, in writing, that you are only withholding the specific amount that has been wrongly charged.
• Can the company legally disconnect my service for non-payment of a disputed amount? No, as per regulations, a service provider cannot disconnect services for non-payment of a charge that has been formally disputed by the consumer and is under investigation.
• Is it worth the effort to file a consumer case for a relatively small amount? Absolutely. The consumer protection laws are designed to protect consumers irrespective of the amount. You can claim a refund of the wrongly charged amount, along with compensation for the mental agony and the costs incurred in pursuing the complaint.

What evidence is required?

• The confirmation message or screenshot showing you deactivated the service.
• The message you received indicating the unsolicited activation of the service.
• The itemized bill clearly showing the disputed charge.
• Records of all your communications with the company’s customer care, nodal officer, and appellate authority (e.g., emails, complaint numbers).
• A copy of the legal notice sent to the company and its postal receipts.

How long will the investigation take?

The company’s internal process might take between 7 to 30 days. If the matter proceeds to the Consumer Commission, the Consumer Protection Act, 2019, aims for a resolution within three months. While court backlogs can sometimes cause delays, the process is significantly faster and more streamlined than traditional civil litigation.

Advocate Sudhir Rao, Supreme Court of India