[Resolved]  Tata Docomo — HIGH ALERT : CHEATING WITH CUSTOMER

SUB: CHEATING WITH CUSTOMER - DEFECIENCY OF SERVICE

Dear Sir,

1.Vide the Welcome Letter issued from Tata Photon dated 4th April 2011 (Order No:[protected] against Tata Photon Number: [protected], TATA PHOTON says very clearly that the plan is called Monthly of 5 GB at Rs 950. Extra usage beyond 5 GB is charged to Rs 0 / MB. I go with this contract, where TATA PHOTON is bound to provide satsisfactory service beyond 5 GB at Rs 0, without any speed restriction.

2. TATA PHOTON has a track record o[censored]nsatisfactory service, where it is promised to provide up to 5 GB best speed up to of 3.1 MBPS. But actually it is not provided. This is nothing then false promise and cheating with the customer.

3. Now when some body has crossed 5 GB, Tata Photon reduces speed at 0.15 MBPS (115 KBPS) . When Tata Photon is unable to provide better speed prior to 5 GB, then where is the right of TATA PHOTON to restrict speed at 0.15 MBPS. Then what is the meaning of free usage at Rs 0/ MB after 5GB. You never disclosed this thing clearly, in your welcome letter when offer was taken, that you are going to provide poor service after 5 GB.

4. These are nothing then cheating with the customer, as 0.15 MBPS is useless for me. I am determined not to pay you the money for such defective services. I am also warning other consumers on internet to remain alerted from TATA PHOTON malpractices. Tata Photon is collapsed . The products are worthless.

I need speed and nothing else. Please let me know whether TATA PHOTON is going to resolve this thing or I should move for legal action under Consumer Protection Act.
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Aug 13, 2020
Complaint marked as Resolved 
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Dear Mr Balasinorwala.

Thank you for your mail.
Your people are misguiding you. Either they are not aware with the law or they want to play with the law. The speed restriction is the contingent contract as defined in Indian Contract Act. Which can't be invoked untill or unless the first part of the contract is not existing ( Speed at 3.1 MBPS ( as word "up To" is violative in TRAI guidelines with Data 5 GB). When guaranteed speed is not existing at 3.1 MBPS, how you can invoke the contingent part of the contract, where speed is restricted at 115 KBPS. As TRAI, formulated Broadband Policy of 2004, where minimum download speed is 256 KBPS ( 512kbps from Jan 2011).TATA has admitted in a mail to me that it is providing me speed at 115 KBPS. IT is nothing then fraudulent tactics of the TATA PHOTON to cheat the customer by violating TRAI guidelines.


2. I have no other way then to fight through Legal action. I am also using RTI ACT against TRAI, to know TATA PHOTON status, whether TRAI guidelines have been implemented or not in TATA on speed?

You are requested further Please do not communicate me through phone but contact me only through Email.

A copy is also circulated on internet to warn other consumers.

Regards
Jha

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