Sify Broadband Lawsuit

ankurraheja

Newbie
[OP]
Oct 28, 2004
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Thanks for the support friends... finally here is the good news... I won the case... here is the extract from consumer case against SIFY pronounced on 18 October 2006:

"It has been held that concealing hidden conditions and not redressing the grievances of the complainant who made complaints with regard to poor customer service on number of occassions, in our considered opinion, amounts to deficiency in service on the part of Opposite Party and indulging in to Unfair Trade Practice.

We, therefore, direct the opposite party to refund the amount of Rs 1,200/-, paid for two months by the complainant along with compensation to the tune of Rs 5,000/- for causing mental agony and harassment to the complainant and further, pay a sum of Rs 2,000/- towards cost of litigation to the complainant.”

The order makes the mention of following hidden conditions before the above para:

1. Reduction of speed to 14 Kbps after a download of 750 MB of data in the month (2004)

2. If the customer downloads more than 150 MB in a day, he is penalized in the form of reduction of package by one day (2005)

"Both the above conditions are not brought to the notice of the customer at the time of entering in to the contract.

Court has also held that Opposite Party has failed to provide minimum speed of 256 Kbps as per the definition of BroadBand as laid down by Telecom Regulatory Authority of India."

Though I never claimed that explicitly… but the whole case has been interpreted from this point of view by Hornorable court. That implies that not complying with TRAI definition also resulted in ‘deficiency in service.

Last case summary filed in court available at: http://www.sifycase.org
 

ankurraheja

Newbie
[OP]
Oct 28, 2004
45
0
Thanks Shouvik :)Its really a party time this time !!!
 


Sushubh

Administrator
Oct 29, 2004
421,992
13,201
Gurugram
can't it be turned into a class action lawsuit :pbtw. u should release a press release sort of thing which can be published onto tons of indian media sites. i would publish it myself. more people should know about this lawsuit.
 

netfreak

Regulars
Regulars
Sep 8, 2005
2,147
14
Great news....BTW,does something like class action lawsuit exist in India?
 


ankurraheja

Newbie
[OP]
Oct 28, 2004
45
0
"The class action is a procedural device used in litigation to determine the rights of and remedies, if any, for large numbers of people whose cases involve common questions of law and fact."

Though Indian Law is not very specific as to term 'Class action law suits' like USA... butit is still recognized in some or the other form... section 2 ( B ) of Consumer Protection Act, 1986 provides complainant to include:

"(iv) one or more consumers, where there are numerous consumers having the same interest;"

So when more persons have complaint as to same cause of action, the suit can be combined with one or two of them representing all of them.

I have myself observed at KG Marg Consumer Forum, where the complaints against Morepan laboratory were conbined in to a single suit by the court itself last year.

Consitution also recognizes another form 'Public interest litigation' which is defined here... http://en.wikipedia.org/wiki/Public_interest_litigation
 

ankurraheja

Newbie
[OP]
Oct 28, 2004
45
0
Yes the best thing is... no disconnections as otherwise with private cable operators... we had to complain them atleast once a day... and it used to take 1-2 hours for fixing of problem !
 

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