Matrix Cellular International Services Pvt Ltd — Illegal charges levied upon the consumer.

Address:

South Delhi, Delhi

I was to travel to Germany between 12.06.2012 to 16.06.2012 for business purposes to attend an International Sales Meeting in Berlin approached Matrix Cellular for securing a local SIM card for Germany required for making only phone calls as the company is in the business of providing SIM cards of different mobile telephone operators of different countries. The requirements of SIM card were communicated to an executive at Matrix. I completed the formalities by executing a Customer Agreement Form (CAF) (Ref.No. T[protected]/Account code-385983). The plan opted by me comprised only of phone calls and text messages and I categorically communicated that data services in form of Blackberry services were not required by me. As per the tariff plan provided by you to me call charges per to be billed at € 0.12 per minute for outgoing calls to landline & same mobile network and € 0.355 per minute for outgoing calls to other mobile networks. There were no other charges that were required to be paid as per the plan. I was provided a SIM card, and a personalized country specific mobile telephone number bearing no.[protected] for my usage in Germany. I secured the required security deposit through his credit card for securing a SIM card and personalized country mobile number. I further opted for post paid connection and was required to make the payment on my return to the country. The credit card details were also provided for making the payment. The Customer Agreement Form (CAF) incorporated terms and conditions interalia on pre-activation and the relevant condition qua pre-activation is extracted for reference:
“I am aware that GPRS may be pre-activated on the SIM card provided, charges are up to USD 20/MB usage”
So the agreement expressly provided for pre-activation of GPRS and no other number/services/data was to be pre-activated.

1. That SIM card and personalized country specific mobile telephone number were serviced in Germany by O2 a brand owned by Telefónica Germany GmbH & Co. OHG (parent network), the mobile network provider, which belong to Telefónica Europe and are part of the Spanish telecommunication group Telefónica S.A. The company offers its customers postpaid and prepaid mobile telecom products as well as innovative mobile data services based on the GPRS and UMTS technologies.

2. I during my business trip used the SIM card provided by Matrix for only making business calls and text messages. On return I was informed by Matrix Cellular that a bill of Rs. 59,044.96 (Bill no.O2GER466932) was generated from the use of the SIM card in Germany. I was shocked beyond imagination at such an exorbitant bill especially as I had used the SIM card for making limited calls for business purposes. Further, this was not the first time that I had used a SIM card in another country. I Requested Matrix Cellular to provide me with the invoice and itemized bill to check veracity o[censored]sage. The invoice and itemized bill was communicated to me on 25th June 2012.

3. That on perusal of the itemized bill the call usage charges amounted to Rs. 3497/- (three thousand four hundred and ninety seven only). Remainder of the bill (Rs. 50,620.71-3497= Rs. 47,123.68) comprised of billing for a telephone number ‘77777’ under the heading of ‘premium service’. I was utterly at a loss to understand the origin of the calls to this number as I had not dialed this number at any point during his trip to Germany. Further, I was not even aware of such a number let alone the ‘premium service’ it offers. I immediately contacted the company for rectification of the invoice as I had not dialed this number for ‘premium service’. I further inquired as to the details of the service provider in possession of this number. Matrix Cellular Exceutive informed me that the premium number belonged to a company by the name of MoCoPay in Germany. On making further enquires on usage details the executive stonewalled it under the garb that the company MoCoPay doesn’t provide details of calls and only reflects in the invoice. In the meanwhile on 29.06.2012 Matrix Cellular illegally recovered the entire disputed amount through credit card via details provided by me at the time of signing the customer agreement form without any authorization from me

4. That the invoice dated 15.06.2012 generated by Matrix contains charges amounting to €26.06 (Rs. 1,899) towards Blackberry Pack, a service which was neither used by me as is reflected from your itemized billing nor activated on express instruction by me. Inspite of express instructions and non-use of Blackberry I am a loss to understand its inclusion in the Bill/invoice generated Matrix Cellular. I have communicated to Matrix Cellular regarding this discrepancy but no action has been taken to rectify the situation.

5. That the perusal of the call details to ‘premium number’ 77777 shows that the same have been activated between period of 12:21:11 hrs to 14:43:04hrs on 15.06.2012 with break of 2-4 minutes. This is the same time period when I was in an International Sales Meeting at Berlin and has witnesses to prove his presence and participation. The mobile phone was in the pocket throughout this time. So it is not humanly possible for me to be engaged in two activities simultaneously i.e. to conduct a sales meeting and talk on mobile phone for a continuous period of 2 hrs. The usage details of the calls to ‘premium service’ number 77777 indicate that the same were ‘pocket calls’ whereby the number was accidentally activated by my body pressure as the mobile was in my pocket. Further,’ pocket calls’ can take place to numbers on the SIM card or on the phone. In this case all the calls were to the same number which indicates to the fact that this ‘premium service’ number was pre-activated on the SIMCARD provided to me by your company. The pre-activation of ‘premium service’ number has been done surreptiously without either informing me or taking my express permission. This action by Matrix Cellular has been done to de-fraud, extort and extract money from my me by excessive billing. This action is also contrary to the terms and conditions contained in customer agreement form.

6. That I have made enquires in Germany and it transpires that the ‘premium service’ number 77777 is further leased out to another company by the name Net Mobile AG under the brand name ‘Best Connection’. The SIMCARD provided by your company to me bears the name ‘Best Connection’ so your company has financial nexus with the use of premium service number ‘77777’. The telecom service provider for the mobile number provided to me is Telefónica Germany GmbH & Co. The Telefónica Germany GmbH & Co charges its domestic clients €1.99 per minute for use of speed dial numbers providing ‘premium service’ such as 77777. In the present case matrix Cellular has raised an invoice wherein €5 per minute has been charged for usage of these services. As per the Rate List, provided to me the call rates are @ Euro0.12/min and Euro0.35/min to local phone numbers so the company could not have charged € 5 per minute in the first place without my express permission and knowledge . So the company set to gain €3.01 per minute o[censored]sage of this premium service’ number. As per details furnished by the company there has allegedly been 127 minutes o[censored]sage of this premium service’ number, so 127minutes ×€3.01= €382.27. The company has financially benefited to the tune of €382.27 and its conversion to INR 27, 8556.014 (1 EUR = 72.87 INR as per your bill) from the ‘use’ of this ‘premium service’ number. This is a rough estimate on the conservative side and calculation has been done considering that Telefónica Germany GmbH & Co is giving the domestic rate wherein they would most probably be giving the company bulk commercial rate less than €1.99 per minute. In such an eventuality theprofit margin on activation of ‘premium service’ number increases substantially.
7. I have on various occasions communicated to you on these aspects but the company has not taken any action to rectify the situation and refund the amount illegally debited by them.

8. It is evident that the company has cheated extracted and extorted money from me under the guise of a commercial transaction. This makes the company liable for criminal action in addition to civil wrong and damages. They have caused financial loss, harassment and mental agony to me.


9. I further reserves the right to sue the company for the offences which might have been committed by them in course of transaction and other offences which amounts to extortion, fraud and cheating.
In view of above I call upon the company to refund the entire amount of Rs. 59,045 (fifty nine thousand and forty five only) with interest @ 18% till the date of making the payment from the date amount has become due with Rs.10,00,000/- (Rupees Ten lakhs only) as compensation for causing mental agony and harassment to me.