[Resolved]  Tata Photon — FRAUD BY TATA PHOTON : TOP MANAGEMENT SILENT

This is Second letter. The top management of TATA PHOTON is silent on the fraud. See how TATA PHOTON is doing fraud with consumers. Avoid purchasing any product of TATA PHOTON as its cheat the customers. I am placing RTI with the Government of India. Its finding shall also be placed on this site.

SECOND LETTER
Dated: 22/08/2011
To
The Managing Director
TATA TELESERVICE LIMITED, Registered Office, Jeevan Bharati Tower I, 10th Floor, 124, Connaught Circus, New Delhi 110 001

SHOW CAUSE NOTICE ON FRAUD WITH THE COMPLAINANT

1. Tata Teleservices Limited has came into contract, with the COMPLAINANT, to provide high speed internet service. The contract was vetted through Tata Teleservices Limited, LETTER NO:[protected], where it exhibited to the COMPLAINANT that the COMPLAINANT has following Tariff Plan:
TATA PHOTON NO: [protected], PLAN NAME : PHOTON PLUS UNLIMITED 5 GB @ 950 MONTHLY, RENTAL: Rs 950.00, BUNDLED : 5120, EXTRA USAGE CHARGE: Rs 0.
This contract was understood further, on the date of dispute, through Tariff Plan as exhibited on the web site of Tata Teleservices Limited as on 22/08/2011 (http://www.tataphoton.com/tata-photon-postpaid.aspx ), with following features: Cash Back Plan: PHOTON PLUS 5 GB @ 950 UNLIMITED - FREE USAGE AT SPEEDS UP TO 3.1 MBPS (DOWNLINK) - ADDITIONAL USAGE AT SPEEDS UP TO 155 KBPS).

2. Thus in the contract, there are two important contracts. First, Tata Teleservices Limited shall provide service to the COMPLAINANT on monthly rental of Rs 950.00 a data of 5 GB at a speed of 3.1 MBPS. Once 5 GB is reached. The data speed shall be restricted at 155 KBPS. This restriction part, is a contingent contract, which happens only when the first part of contract is fulfilled. However, this restriction was not made explicitly clear to the COMPLAINANT by the Tata Teleservices limited in its Tariff Details as sent to the COMPLAINANT in its welcome letter vide NO:[protected]

3.. The COMPLAINANT has never received guaranteed speed of 3.1 MBPS, within 5 GB usage / Per Month, in spite of lot of complaints.

4. In the month of August 2011, after usage of 5 GB (which was available to the COMPLAINANT at a poor speed), the Tata Teleservices Limited restricted the speed at 155 KBPS ( from 15th Aug 2011 ).

5. Thus the COMPLAINANT has found it a fit case to prosecute Tata Teleservices Limited on various grounds, including charges on fraudulent practices and also a fit case to put an application under Right To Information Act, before the Telecom Regulatory Authority of India, to know the status of Tata Teleservices Limited on the violation of various TRAI Guidelines, for prosecuting further in public interest.

(A) That, you are providing to the COMPLAINANT unlimited internet service after bundled usage of 5 GB at a speed of 155 KBPS. This is violation of TRAI Regulation, as any internet service is not called internet service, if 'always use' speed is less than 256 KBPS, as defined under Regulation 2 (d) of the Quality Of Service Of Broadband Service Regulation 2006 ( However, from January 2011, TRAI has suggested that the minimum broadband speed should be 512 kbps instead of 256 KBPS). Thus, after 15th Aug 2011, you are not providing internet service to the COMPLAINANT.

(B) That, your intention is to cheat the COMPLAINANT, as you did not projected the right Tariff Plan to the COMPLAINANT. You say that the service is available up to 3.1 MBPS speed within bundled usage of 5 GB. This speed was never provided to the COMPLAINANT, which the COMPLAINANT believes the guaranteed speed. Vide TRAI STATUS PAPER ON BROADBAND SPEED, a direction has been given to all internet service provider to remove the fraudulent word 'up to' in their Tariff Plan. As TRAI says: "TRAI has also observed that many service providers use the word 'up to' while advertising their broadband plans and do not indicate any committed minimum speed. This has led to rise in subscriber complaints. TRAI instructed the ISP's to remove the word 'up to' from the tariff plans and to clearly mention the associated minimum download speed of the plan”. The TRAI instruction was delivered to all the Internet Service Provider on dated 1st Jan 2008. But, you violated this instruction and in order to defraud the COMPLAINANT, you offered service on illegal tariff plan with words like "UNLIMITED - FREE USAGE AT SPEEDS UP TO 3.1 MBPS". Which means the COMPLAINANT is going to receive a guaranteed speed of 3.1 MBPS, which actually you do not want to supply this speed. Thus not only you violated TRAI guidelines but also did fraud with the COMPLAINANT as under Section 17 of the Indian Contract Act, where your intention was to deceive the COMPLAINANT by actively concealing the material fact of poor speed, where your actual intention was not to provide to the COMPLAINANT a service at a speed of 3.1 MBPS in 5 GB slot.


(C ) That, as per first part of contract the data within 5 GB was never supplied to the COMPLAINANT at speed of 3.1 MBPS . Untill or unless this part is not completed the contingent part of the contract, where speed is restricted at a speed of 155 KBPS after 5 GB), can't be invoked vide Section 31 of the Indian Contract Act. Thus it is the violation of Indian Contract Act.

(D) That, vide TRAI guidelines dated 29th June, 2005 in the mass public interest, the TRAI in exercise of its power conferred upon it under Section 13 read with Section 11(1)(b)(i) and (v) of the Telecom Regulatory Authority of India Act, 1997 and clause 9 of the Telecommunication Tariff order 1999, have directed to all internet service provider to inform the customer in writing, within a week of activation of service, the complete details of consumer tariff plan. However Tariff plan available to the COMPLAINANT vide letter no: [protected], does not disclose the important part, that the data shall be restricted at 155 KBPS after 5 GB use. Thus, you have violated TRAI guidelines.

Henceforth, you are show caused to explain in 72 hours that why not legal action may be taken against your company, including action for closing the services of Tata Teleservices Limited for adopting fraudulent practices in mass public interest, besides invoking an action against your company under RTI Act to know the status how far you have violated the TRAI guidelines.