I took a broadband connection on my telephone 044-26158990 in October. Until then I was using a VSNL ‘prepaid connection for 1 GB download for Rs.400/-’. This was sufficient for my use for one month. At that time I saw a news item about BSNL broadband at Rs.250/- for 1 GB download. Hoping that I can save about Rs.150/- a month, I opted for this. When I asked for a ‘prepaid connection’ the staff at the counter gave me an application form which did not mention ‘prepaid’ or ‘postpaid’. I applied for a Home 250 connection, i.e. Rs.250/- for 1GB download. The staff was in such a hurry and did not explain the features or pitfalls in a BSNL connection.
Connection was given by BSNL staff member at my home at 5.15 p.m. on 31.10.2008. No ID or password was given but told me to click on ‘internet explorer’ icon. When I asked about payment (thinking that this is a ‘prepaid’) he said bill will be sent. I was using my own modem.
I started using this connection. Significantly, if I had to switch off the connection I had to switch off the modem.
In December I received a bill for Rs.10, 228/- for broadband usage of 9 GB in usage in November. After adjusting Rs.250/- for first 1GB they have charged Rs.0.90 for each 1MB usage. Next bill for December was for Rs.2, 199/-. Broadband connection was disconnected by BSNL in December. BSNL had claimed Rs.1, 161 for usage in February and Rs.892 for usage in March eventhough the service was disconnected in December. Eventhough I opted for Rs.750/- (unlimited) from 15.12. I informed BSNL by e-mail that I did not make use of this service from 15.12.2008. Telephone was disconnected from 19.01.2009. I had informed BSNL of this fact by e-mail. Eventhough the connection was given on 31.10. BSNL billed me from 24.10.2008 hence an excess billing for 8 days without service.
BSNL continued to send bills until September eventhough the phone was disconnected on 19.01.2009.
Now, they have again revived the issue in March and started making telephone calls asking me to pay the balance.
My contention is:
(1) Since my application was for a ‘prepaid’ connection they are at fault giving me a ‘postpaid’ connection without my consent. The application form does not mention whether it is ‘prepaid’ or ‘postpaid’.
(2) BSNL was at fault allowing the subscriber to allow excess usage than what has been applied for. They should have stopped the usage once it reached 1 GB. Otherwise they should have asked for the ‘consent’ of the subscriber to allow more.
(3) If at all the subscriber used more, it should have been pegged at Rs.750/- (unlimited) which allows the subscriber unlimited usage.
(4) BSNL is at fault selling same product at two different rates, i.e. excess usage of more then 1GB download at Rs.0.90 for each MB and for Rs.750/- for unlimited usage.
(5) They say the condition that excess of 1GB will be charged at Rs.0.90 per MB is mentioned at the back of the application form. The subscriber in his application form ‘HAS NOT AGREED TO ANY CONDITIONS OVERLEAF’ Hence he is not bound by conditions printed overleaf. The application does not make reference to conditions at the back of the form.
(6) I had sent two registered letters on 25.12.2008 and 19.06.2009 disputing their billing and asking for clarifications which they did not reply.
(7) Moreover, more than 3 years have passed after the dispute arose on 25.12.2008 and hence they claim is time-barred by limitation. Further they have already confiscated my deposit of Rs.2, 000/-. BSNL was at fault allowing a subscriber to use over and above his security deposit.
(8) Recently there was a judgment of the SC which barred Consumer Courts from entertaining complaints against telephone companies as, these are to be solved by arbitration under sec.7B of the Indian Telegraph Act, 1885. Is this correct position?
(9) What is the remedy to a consumer who has been excess billed by tel cos?
C. Ramakrishnan, 99A, Elango St, Thiruvalleeswarar Nagar, Chennai-40
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