Tata Indicom — Cheating by not paying the valid consideration of contract

Tata Indicom has cheated with me by selling me a product and not paying its valid consideration.

I had purchased a product for my cell no [protected] on about 23.12.2007 by paying its consideration i.e. Rs2008. The consideration payable to me by tata indicom was Talk time of Rs2008, validity of 2008 days, and no changes in previous call tarif[censored]ntil this validity expires. My call tariff was 0123 (tata to tata local mobile 0, to other local mobile and tata land line Re1, to other local land line Rs2, and STD Rs3 per minute), this product was specially for those who were using 0123 tariff and can use the same ‘tata to tata mobile unlimited free talk time’ for 2008 days.


Now, it is not even one year passed, tata indicom has failed to pay its valid consideration, and saying that the company has changed its rules.


In frank words it has broken the contract by not paying the valid consideration and making us stupid like this.


On 04.12.2008 I got a sms from ‘TataOffer’ saying that from 05.12.0008 I will be given a special plan by changing my call tariff. After that I tried customer care (prepaid 12524) but it was inaccessible (not busy), I tried the postpaid no (although I am a prepaid user) and luckily for once I got the line and Ms Amrita told that they have no information on it, she advised to call later, however I requested her that please note if it is so, then I am refusing to accept the new plan. Later prepaid and postpaid, both line became inaccessible (in place of giving option to talk to customer care executive, it was saying you can also write to us at customercare.[protected]@tatatel.co.in) It must be their pre-planed activities as we could not talk to them. Whatever I guessed their pre-plan and rushed to head office of tata indicom and asked about it, firstly they were not taking it seriously but when I said if my plan is getting changed tomorrow i.e. 05.12.2008 then will you restore it??, then an executive tried to help me out and after hours he told that company is going to change its rules and thus the plan will be changed, he was not able to help me any more and given the no and mail id of nodal officer (Mr. Pankaj Sengupta). I talked to Mr. Pankaj Sengupta. He could not help me out and advised to talk his senior official, the senior official told that he is seeing the matter he requested to talk the next day.

After not accessing the customer care and not getting valid response from tata indicom, I mailed to customer care and nodal officer as if plans would be changed then on the basis of my mail that was made on 04.12.08 (the plan was about to be changed on 05.12.2008) I could say that the same must be restored. After about an hour the nodal officer replied the mail by saying he hopes no unexpected thing would take place. The later day in morning I got a phone call in reply of my mail that the sms should be ignore there would be no change in my plan, my plan was not changed that time.
Again on the same day I came to know that plan will be changed I again mailed to nodal officer and customer care and the nodal officer self phoned me in evening and told that my plan will be changed at any moment and the matter is not in his hand, he agreed that I should apply other ways.


I don’t complain for their bad service and response which seems like kidding with me…

I just want to request that under Contract Act, its wrong, please help me out and please do the needful as I would consume my actual tariff.

Due to this unexpected cheating I got disappointed and could not even concentrate on my study.

Please help me out immediately.

Suraj K Gupta
[protected]