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

Mr. Alok Sharma, a resident of Nagpur, subscribed to a prepaid Wi-Fi service from a major telecom provider, ‘AeroConnect’, for a fixed monthly fee. He made advance payments for several months. Early this year, Mr. Sharma relocated to a new house and contacted AeroConnect’s customer service to request the disconnection of his Wi-Fi service. He believed the agent had processed his request.

However, Mr. Sharma soon discovered that not only was the service not disconnected, but the company had unilaterally converted his prepaid account to a postpaid one without his knowledge or consent. He started receiving monthly bills for a service he had not used since moving from his old address. The company began making daily calls, adding late payment penalties, and demanding payment for these unsolicited bills.

When Mr. Sharma contacted them again to insist on the disconnection, he was told that he must first clear all outstanding dues. This has trapped him in a difficult situation, as he is being forced to pay for a service he never used or agreed to, just to stop further billing. He is concerned that even if he pays, the company might continue to generate bills, a common complaint among consumers.

Advice in such cases

• Document Everything: Keep meticulous records of all your interactions. This includes receipts of your prepaid payments, dates and times of calls to customer service, names of agents you spoke with, and any reference or complaint numbers provided.
• Formal Written Communication: Do not rely on verbal assurances. Send a formal email or a registered letter to the company’s nodal officer and appellate authority, clearly stating the issue, your request for disconnection, and the unauthorized conversion to postpaid.
• File a Grievance: Lodge a formal complaint on the Telecom Regulatory Authority of India (TRAI) portal or through their app. Service providers are mandated to resolve these complaints within a specific timeframe.
• Consumer Complaint: If the issue is not resolved, you can file a complaint before the appropriate Consumer Dispute Redressal Commission for deficiency in service and unfair trade practices.
• 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 primarily falls under the purview of consumer protection laws and contract law.

• Consumer Protection Act, 2019: The actions of the telecom company constitute both “deficiency in service” (failing to disconnect upon request) and “unfair trade practice” (converting a prepaid plan to postpaid without consent and billing for unused services). A consumer can seek relief, including compensation for harassment and costs.
• Indian Contract Act, 1872: A contract requires mutual consent. The unilateral conversion of a prepaid service to a postpaid one is a material alteration of the contract without the consumer’s consent, making the new terms unenforceable.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If it can be proven that the company had a dishonest intention from the outset to deceive the customer, it could potentially be viewed under the lens of cheating as defined in Section 318 of the BNS. However, proving criminal intent in such billing disputes is challenging, and the primary recourse remains with consumer courts.

If you are the complainant

• Organize Evidence: Compile all documents, including bills, payment proofs, and communication records, into a clear timeline.
• Send a Legal Notice: Before approaching a consumer court, it is advisable to have a lawyer send a detailed Legal Notice to the company. This often prompts the company to resolve the matter to avoid litigation.
• File the Complaint: If the notice is ignored, proceed to file a complaint in the consumer commission. Ensure your complaint clearly details the deficiency, the unfair practice, and the relief you are seeking (e.g., waiver of illegal bills, disconnection, compensation for mental agony).
• 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

• Do Not Pay: Do not give in to pressure to pay a bill that is fundamentally unjust. Paying could be misconstrued as an admission of liability.
• State Your Dispute Clearly: In every communication with the company, clearly state that the bill is “under dispute” and provide the reasons.
• Follow the Grievance Ladder: Use the company’s official grievance redressal mechanism first (customer care, nodal officer, appellate authority). This is often a prerequisite before approaching regulatory bodies or courts.
• 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

The police generally do not intervene in such matters, as they are considered civil or consumer disputes, not criminal offenses. They will almost certainly advise you to approach the consumer court or the telecom regulator. An FIR for cheating under Section 318 of the BNS would only be considered if there is substantial evidence of a large-scale, pre-planned fraudulent scheme, which is rare to establish in individual billing cases.

FAQs people normally have

Can the company damage my credit score for non-payment?

If a bill is officially under dispute, it should not negatively impact your credit score. However, it is crucial to have written proof that you have formally disputed the charges with the company. Resolving the dispute is the best way to prevent any potential credit score issues.

Can they sue me for the money?

Yes, the company can file a civil suit for recovery of money. However, if you have strong evidence that the charges are illegitimate, you can effectively defend the suit and even file a counterclaim for harassment.

Do I really have to pay the bill to get the service disconnected?

No. This is a coercive and unfair trade practice. You cannot be forced to pay for a service you did not consent to or use. This condition itself can be a ground for your consumer complaint.

What evidence is required?

• Proof of the original prepaid plan and payments made.
• Records of your communication requesting disconnection (call logs, emails, complaint numbers).
• Proof that you vacated the previous address (e.g., new rental agreement, utility bills from your new address).
• Copies of the incorrect postpaid bills sent by the company.
• All SMS and email correspondence with the company regarding the dispute.

How long will the investigation take?

A legal notice usually gives the company 15 to 30 days to respond or comply. If they fail, a consumer complaint is filed. The proceedings in a Consumer Commission can take anywhere from a few months to over a year to reach a final decision, depending on the complexity of the case and the commission’s workload.

Advocate Sudhir Rao, Supreme Court of India