Notice for appearance under section 20 (2) Legal Services Authorities Act, 1987
11 months ago
On 5th March 2020, I surrendered my landline & broadband connection with MTNL Delhi at their Pusa Road (Karol Bagh) Office & submitted all instruments alongwith application.
The officials asked me to come back after few days to settle final bill. After few days, I went to Pusa Road Office but their office was closed (it was start of Coronavirus & lockdown was about to start). I was told to get the final bill from MTNL's Tis Hazari Office. I went to Tis Hazari Branch also but the Gate Keeper told no official is coming amid Coronavirus Scare. After that there has been Lockdown all over due to Coronavirus.
Due to lockdown I could not visit their office personally but emailed them multiple times to let me know the final bill till 5th March 2020 (date of my surrender request) & get it adjusted from the security money I deposited at the time of taking connection & refund me the balance amount.
However, instead of any reply, they kept sending monthly bills. I even replied to their bill emails but received no reply from their side.
When Lockdown got over, I again went to their Karol Bagh office multiple times but their officals were not available. I again gave apllication at their reception but received no reply.
Instead, they kept sending system generated monthly bills on my email.
Now, today I have received Notice for appearance under section 20 (2) Legal Services Authorities Act, 1987 with cummulative bill of 13 months from March 2020 to March 2021.
Please note, prior to my surrender of MTNL connection, all my bills were paid before due date.
I am ready to pay the bill till the date I used their service (5th March 2020) but not beyond that.
Please guide what needs to be done & how to raise my concern in Lok Adalat.
They might have gone through Lok Adalath for settlement. You may approach the Lok Adalath Authority and take a chance to settle the claim if comfortable otherwise reject their offer and ask them to go to Civil Court.
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Section 20 in The Legal Services Authorities Act, 1987
1[20. Cognizance of cases by Lok Adalats.—
(1) Where in any case referred to in clause (i) of sub-section (5) of section 19—1[20. Cognizance of cases by Lok Adalats.—(1) Where in any case referred to in clause (i) of sub-section (5) of section 19—"
(i) (a) the parties thereof agree; or
(b) one of the parties thereof makes an application to the court, for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or
(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the court shall refer the case to the Lok Adalat: Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties.
(2) Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organising the Lok Adalat under sub-section (1) of section 19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination: Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party.
(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties.
(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles.
(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law.
(6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice the parties to seek remedy in a court.
(7) Where the record of the case is returned under sub-section (5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under sub-section (1).
As per the information you have given it is advisable to reach out to an advocate for first hand information.
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