Tata Docomo — Deficiency of service for the Docomo Data Card

Address:

Gurgaon, Haryana

To,

Mr. Sanjay Tiku,

Appellate Authority (Delhi),

TATA Teleservices Limited,

2A, Old Ishwar Nagar, New Delhi-65


Sub: Notice for deficiency of service for the Docomo Data Card No: [protected] for customer no[protected]


Dear Sir,


I Rajarshi Trivedi s/o Sri Jahar Lal Trivedi residing at House No: 949, 2nd Floor, Block- B, Palam Vihar, Gurgaon. Pin Code: 122017, had purchased a TATA Docomo connection with Docomo Photonmax Wi Fi Data card a special device for an amount of Rs.1999/- on 27th October 2014 & along with that I had also purchased a monthly tariff of [protected]@Rs1250 to avail such internet services as a pre requirement for availing your services. As per your offer and representation as well as stamen on your website it is clearly mentioned that I shall get Hyper speeds o[censored]p to 6.2Mbps with seamless roaming & auto switch over to Photon PLUS 3.1Mbps speeds in 350+ towns & auto switch over internet connectivity in 5000+ towns across the country & Peak speeds may drop to 3.1 Mbps in areas where Tata Docomo does not offer Photon Max wi-fi services. A copy of such representation is retained with me and may be produced if required.

I have made several complaints with your customer care executive verbally, through telephonic conversation. Since inception and purchase I am not getting necessary speed as specified by you from time to time. Pertinent to mention herein that I have made several complaints being complaint no[protected],[protected],[protected],[protected],[protected],[protected] related deficiency of speed, non-availability of necessary internet support. Since purchase, I am getting speed not more than 1 Mbps (down) & bellow 1 Mbps (Up) & some times the speed is below 100 Kbps (up & down) & every time your technical engineer stated that there is some network issue going on in my area where I am using this service & there is no time limit when the issue will be resolved. A copy of screen short of speed test result is retained by me, may be produced if required.


After several request and complaint, I escalated the issue to Appellate authority Delhi on 29th November 2014, I have been informed over phone that my area where I am using your service is high utilized area, therefore I will not get the speed promised on your website. I clearly asked few questions to Appellate authority that:

(i) I have taken this connection only few months back. While I had requested for this connection & gave my address proof, why I had not been informed that the plan I had selected with the device, TATA Docomo would not able to provide necessary / adequate service in my location;

(ii) If several times the customer care representative informed that the plan which I have selected is not possible to serve / provide at my residential place, which is a deficiency of services still why a bill has been raised without considering such deficiency of services? Ignoring the fact that it is fault on the part of Company or Tata Docomo, you are still charging me, which is in violation of no man should take advantage of his own wrong.

(iii) Is there any solution how I will get at least 3-4 Mbps speed though I suppose to get max 8 Mbps but currently getting 1 or below 1 Mbps speed.

But I didn’t get any satisfactory answer from the concerned authority. Still then I wait for 2 months for some better service but till date I have noticed that from January 2015 onwards, the Internet was not at all working frequently. Then I again replied to Appellate authority Delhi to adjust my bill & return back the cost of device as I am not getting necessary service which TATA Docomo offered though I have consumed 30 GB data but not in the speed which I was supposed to get but I was denied for any such adjustment or mutual settlement for reasons better known to him.

In view of the above stated facts and circumstances and the misrepresentation and breach of trust committed by you along with your representative, I call upon you through this notice to refund the adjusted all bill for months of November 2014, December 2014 & January 2015 & the device Cost of Rs.1999 (one thousand nine hundred ninety nine) without any liability on me, within 15 days of receipt of this notice, and send me a No Objection Certificate / Clearance failing which I shall have no alternative but to initiate legal action against you under the civil and criminal laws before courts of competent jurisdiction for misrepresentation and breach of trust.


Needless to mention that any/all such actions initiated by me shall be solely at your risk, cost and peril.


Thanking you.


Yours faithfully,

Rajarshi Trivedi

[protected]