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

Mr. Alok Sharma, a resident of Vikrampur, recently received a distressing phone call. The caller identified herself as a representative from the Vikrampur District Court, stating that a legal notice had been filed against him by his former internet provider, “SwiftNet Broadband.” The issue was an outstanding bill of a mere Rs. 350. Mr. Sharma recalled that the company had already taken back their router months ago, and he assumed the matter was settled as he received no further communication. However, the caller now demanded he pay Rs. 6,000 to close the “case” immediately, threatening him with a court appearance if he failed to comply. This situation raises a critical question: Can a company initiate legal proceedings for a small amount, and is a phone call the official way to be notified by a court?

Advice in such cases

Receiving such a call can be alarming. It is crucial to handle the situation calmly and strategically. Here are the steps you should take:

• Stay Calm and Verify: Do not panic or get intimidated. Ask the caller for their full name, advocate registration number, the name of the law firm they represent, and the case or reference number. A legitimate professional will provide this information.
• Do Not Pay Immediately: Never transfer money under duress. Scammers often use pressure tactics to force immediate payment. Insist on receiving all communication in writing, such as a formal demand notice via registered post or email.
• Check Your Records: Review your past bills, payment receipts, and any communication you had with the company regarding the termination of service and return of equipment. This documentation is your first line of defense.
• 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

Understanding the legal framework is essential. Several laws come into play in such scenarios:

• The Indian Contract Act, 1872: This governs the agreement between you and the service provider. The terms of service, payment obligations, and termination clauses are all covered under this act.
• The Code of Civil Procedure, 1908: This code outlines the procedure for civil lawsuits, including the recovery of money. It mandates that a court summons must be formally served in writing, either in person, by registered post, or through an authorized process server. A phone call is not a valid or official method of serving a court summons.
• Bharatiya Nyaya Sanhita (BNS), 2023: If the caller’s language is threatening and intended to cause alarm or extort money, it may constitute a criminal offense. Relevant sections could include Section 351 (Criminal Intimidation) or Section 327 (Extortion).
• The Consumer Protection Act, 2019: As a consumer of services, you have rights under this act. If the company has engaged in unfair trade practices or is deficient in its services, you can file a complaint with the appropriate Consumer Disputes Redressal Commission.

If you are the complainant

If you are a company or individual seeking to recover dues, it is imperative to follow the correct legal procedure to ensure your claim is valid and enforceable.

• Send a Formal Demand Notice: The first step is to send a clear and detailed legal notice to the debtor through a lawyer, outlining the outstanding amount, the basis of the claim, and a deadline for payment.
• File a Civil Suit: If the debtor fails to pay, you can initiate a civil suit for recovery of money in the appropriate court. This could be a summary suit under Order XXXVII of the CPC for faster disposal if the debt is based on a written contract.
• Follow Due Process: Ensure that all legal procedures, including the proper service of summons and notices, are strictly followed. Using threats or intimidation tactics can weaken your case and may even lead to criminal charges against you.
• 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.

If you are the victim

If you find yourself on the receiving end of such intimidating calls, here is how you should protect yourself.

• Document Everything: Keep a detailed record of the calls, including the date, time, phone number, and the name of the person who called. Note down exactly what was said, especially any threats.
• Request Written Communication: Firmly state that you will only deal with this matter through official written correspondence sent to your registered address or email.
• Do Not Share Personal Information: Avoid sharing sensitive personal or financial information like your Aadhaar number, PAN card, or bank account details over the phone.
• File a Complaint: If the calls are harassing or threatening, you can file a police complaint for criminal intimidation or extortion. You can also report the number to telecom authorities for spam/fraud.
• 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

When you approach the police with such a complaint, their initial reaction might be to classify it as a civil dispute, especially if the threats are not explicit. They may be hesitant to file a First Information Report (FIR) and might advise you to settle the matter with the company or approach a civil court. However, if you can provide evidence of extortion, impersonation, or severe criminal intimidation, they are obligated under the law to register an FIR and investigate the matter as a criminal offense.

FAQs people normally have

Can a company really file a court case for a small amount like Rs. 350?
Yes, legally, a company can file a suit for any amount, no matter how small. However, the cost of litigation often deters them from pursuing very small claims. Often, they use third-party recovery agents who may resort to such pressure tactics.

Is a phone call from the “court” a legitimate way to be notified?
No. The Indian judicial system operates through formal, written notices. A court will never call you to demand money or threaten you. Any such call is highly suspicious and likely a scam or an illegal recovery tactic.

How can I know if the legal notice is real?
A genuine legal notice will be on a lawyer’s letterhead, contain their registration number and contact details, be sent via registered post, and will clearly state the facts of the claim and the relief sought. You can verify the lawyer’s credentials online through the state bar council’s website.

What evidence is required?

To defend yourself or to file a complaint, evidence is key. You should gather:

• Call logs and screenshots of the numbers from which you received calls.
• Call recordings, if legally permissible in your jurisdiction.
• Any emails, SMS, or WhatsApp messages received from the company or callers.
• Copies of your bills, payment receipts, and the equipment return receipt.
• A copy of the service agreement you signed with the company.

How long will the investigation take?

The timeline can vary significantly. If you file a police complaint for harassment, the investigation duration depends on the police’s workload and the complexity of tracing the callers. If the company files a civil suit for recovery, the process can be lengthy, often taking several months to years to reach a conclusion. A complaint filed in a consumer forum is generally expected to be resolved more quickly, typically within a few months.

Advocate Sudhir Rao, Supreme Court of India