Legal Question in Civil Litigation in India

1. Akash Jain is a software and website developer who works from his home in Pune.

His clients mainly include educational institutions and restaurant owners. He for his

livelihood relies heavily on the use of computer and internet. He makes use of internet

also for watching videos, streaming news and frequently downloading games and

movies.

2. On account of his work and also for the purpose of leisure and entertainment, he

subscribes to an unlimited data usage plan of a local broadband provider �Freeway�.

Freeway�s slow download speed and chronic server-downs hamper his work of

software and website development. Being aggrieved by the situation and no action

taken by the service provider, he decides to switch to another broadband provider

�Care Tel�. Care Tel has a nation- wide repute for its efficient services and is

renowned for its customers� satisfaction.

3. On being called, a representative of Care Tel appears at Akash�s home to discuss

about the data plans. The representative after considering his needs advises Akash

about an �unlimited data usage plan� that will cost him Rs. 3000 a month and

guarantees a download speed of 2 mbps (mega bytes per second). Akash, on 01-06-

12, having made his mind fills up the subscription form and pays Rs. 4200 in

exchange of a receipt, towards monthly tariff and installation charges.

4. Broadband connection is installed on 03-06-12. Akash gets the download speed as

promised as well as an un-interrupted service. As a website developer he is engaged

by a couple of educational institutions and his work consequently increases. However,

after a period of 15 days from the initiation of the broadband service, he begins to

experience trouble with the internet speed. He finds out that the promised speed of

2mbps has now reduced to 256 kbps (kilo bytes per second).

5. It is only after he calls at the local office of the service provider that he discovers that

his download speed has been reduced as a result of the �Fair Usage Policy� of Care

Tel. He is informed that the FUP as per his data plan, allows him to download data up

to 25 GB a month at the promised speed of 2 mbps. Once the upper cap is crossed

then, the data download is still unlimited but the speed reduces to 256 kbps. He is

2

further informed that that the promised speed shall revive for the rest of the month on

him paying an additional fee of Rs. 500.

6. On going through the website �caretel.co.in�, Akash finds the following reasoning for

the policy: A minimal number of customers use an excessive amount of the network

bandwidth, as a consequence of which experience of others may get impaired. Care

Tel�s Fair Usage Policy aims at providing the optimum internet experience to all

customers.

7. He further discovers that the subscription form that he filled at the time of installation

contains the following in the footnote: Download speed shall be subject to the Fair

Usage Policy relevant to the data plan.

8. Having spoken to his friend residing in the United States, Akash realises that he pays

$45 for an internet connection of 5 mbps speed that has a soft cap of 200 GB and he

does not get charged even if he crosses the limit.

9. Akash raises this issue for discussion on �broadbandusers.in�, website of a registered

organisation for broadband users called �Broadband Today� of which he is a member

and realises that hundreds of other members who subscribe to Care Tel face the

similar problems regarding FUP though the data usage plans subscribed by them vary.

Once they exhaust the download limit fixed by the Fair Usage Policy depending on

their data plan, the download speed is reduced to 256 kbps for the rest of the month.

10. The organisation makes several oral and written complaints to the Care Tel but is

given the same justification for the FUP. In order to improve the plight of the

subscribers who pay for premium services, and in the larger interests of the

community, the organisation decides to resort to the appropriate legal remedy*.

11. The matter is put up for final arguments** on 25-08-12.

What should be the approach for the above problem ?

1 Answer from Attorneys

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