Sify Broadband To Be Sued By Its Subscriber

Thanks for the support friends... finally here is the good news... I won the case... here is the extract from consumer case no 1501/04: "Ankur Raheja V. SIfy Ltd and others" 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

This post has been edited by ankurraheja: 09 November 2006 - 01:07 PM

Mainly time is spent in intial preparation of the case that is to be filed, maybe few days to a weeks time... depending upon how long or how complicated matter is !

Then for every court date, you need to spare half day's time, which may come every 2 mnths time (approx) in a district consumer court. And you may have to appear 5-10 times in the court in 1-2 years time.

The other formailities are filing rejoinder (reply) to the Opposite party's reply submitted in the court. And before the deciding of the case, court will ask you to file the complaint in the form of affidavit. These have to be prepared too... otherise in between you just have to appear and make the court aware of the complaint. And last stage is argument, which you have the option of filing it in writing!

But there are exceptions also... like initially after filing of the case, opposite parties try to compromise, if they think there is enough proof against them or at the first hearing... court will try to make parties come to some kind of settlement.

Money spend includes Rs 100-200 (depending upon the compensation claimed) in the form of Postal order initially and money spent in commuting to the court.

This post has been edited by ankurraheja: 10 November 2006 - 04:06 PM

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Sify Broadband To Be Sued By Its Subscriber updated - subscriber has won the case against Sify ! Rate Topic:

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