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Sify Loses Out In Court; Pays Compensation To User
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After two years of legal battle, a consumer wins a case against Sify Ltd for deficiency in services and unfair trade practices carried on at a very large scale!
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Monday, November 13, 2006:
New Delhi: Delhi’s North-West district consumer forum has, by its order dated 08 November 2006, directed India’s ISP Sify Ltd (Sify BroadBand) to pay compensation of Rs 8,200, including refund of Rs 1,200 paid for a two-month Internet connection to a consumer, Ankur Raheja, an IT lawyer by profession, for indulging unfair trade practices and deficiency in service.
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The case related to non disclosure of significant terms and conditions, which included reduction of Internet connection speed to 14 Kbps after a download of 750 MB data in a month and a later condition for penalising customers by one day, if download exceeds 150 MB in a day. These hidden conditions, never disclosed to a customer, have been held as unfair trade practices.
It has been regarded as a landmark judgement, as for the first time technical deficiency has been proved in the court of law in India against an Internet company. And also the court interpreted the matter from the point of view of TRAI’s definition of broadband, which lays down criterion of minimum speed of 256 Kbps to be regarded as ‘broadBand’. Accordingly, the court has held that providing 14 Kbps speed instead of 256 Kbps is in itself a ‘deficiency in service’.
It has also been held that Sify BroadBand has poor customer service that did not redress customer complaints, and selling of packages as ‘unlimited packages’ when there existed hidden conditions, amounts to deficiency in service and indulgence into unfair trade practices on the part of Sify Ltd.
The case was supported in the cyber world by hundreds of Sify customers from all over India, who all experienced similar problems and supported the case throughout, whose testimonials were also included in the original complaint as Annexure!
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