If you are stuck in such a situation, here is what to do.
Mr. Rohan Kumar, a resident of a small village in the Pratapgarh district, has been grappling with a severe lack of indoor mobile network from his service provider, NetSphere Telecom, for more than three years. This issue renders both voice calls and mobile data almost unusable inside his home and other buildings in the vicinity. Despite his persistent efforts, the problem remains unresolved.
Over the years, Mr. Kumar has lodged numerous complaints through NetSphere's official mobile application and customer service helpline. While service tickets were generated, they were often closed without any tangible solution. In 2023, a technician from NetSphere visited his location and personally verified the poor signal strength. The technician acknowledged that the nearest cellular tower was approximately 3 kilometers away, which was too far to provide reliable indoor coverage. He also disclosed that while a new tower had been recommended for the area, its approval was stalled due to an internal company policy requiring a minimum data consumption target for the region, which had not yet been met. Mr. Kumar has a call recording of this conversation.
Seeking further recourse, he filed a grievance on the Centralized Public Grievance Redress and Monitoring System (CPGRAMS). This led to a temporary improvement in the signal, after which the complaint was marked as resolved. However, the problem soon returned to its original state. Mr. Kumar is now considering escalating the matter further and wants to understand his legal options to find a permanent solution.
Advice in such cases
When you are facing a persistent deficiency in service from a telecom provider, it is crucial to adopt a systematic and legally sound approach. Simply complaining through regular channels may not yield results, as seen in Mr. Kumar's case. Here is what you should do:
- Organize All Evidence: Systematically compile every piece of evidence you have. This includes complaint numbers, dates and times of calls to customer care, screenshots of poor signal, and any correspondence with the company.
- Send a Formal Legal Notice: Before approaching a court or commission, it is advisable to send a comprehensive legal notice to the telecom company through an advocate. This notice should detail the history of the problem, the evidence you possess, and the relief you are seeking (e.g., installation of a new tower, compensation for poor service). This formal step often prompts companies to resolve the issue to avoid litigation.
- File a Consumer Complaint: If the legal notice does not result in a satisfactory resolution, your primary legal remedy lies in filing a complaint before the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
The primary legal framework governing such disputes is the Consumer Protection Act, 2019. The new criminal laws like the Bharatiya Nyaya Sanhita (BNS) are not applicable here, as this is a civil matter concerning service quality, not a criminal offence.
- Consumer Protection Act, 2019: This is the most relevant statute. Your case would fall under "deficiency in service." Section 2(11) of the Act defines 'deficiency' as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
- Unfair Trade Practice: It can also be argued that promising seamless connectivity and failing to provide it, while continuing to charge for the service, amounts to an "unfair trade practice" under Section 2(47) of the Act.
- TRAI Regulations: The Telecom Regulatory Authority of India (TRAI) has laid down Quality of Service (QoS) standards that telecom companies are mandated to meet. While an individual cannot directly sue under TRAI regulations, these standards can be cited as evidence in a consumer complaint to demonstrate the level of service that the provider is legally required to maintain.
If you are the complainant
As the person initiating the legal action, the burden of proof is on you. A structured approach is essential for success.
- Documentation is Key: Ensure all your documents are in order. This includes bills, complaint reference numbers, screenshots with timestamps, and the CPGRAMS complaint details.
- Draft a Strong Complaint: Your complaint to the Consumer Commission should be clear, concise, and well-supported by evidence. It should narrate the entire sequence of events, the failure of the company to act, and the specific relief you are seeking, including compensation for mental agony and litigation costs.
- Legal Notice is a Prerequisite: Sending a legal notice is a critical first step. It demonstrates your serious intent to pursue legal remedies and gives the company a final opportunity to resolve the matter.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
If you are the victim
If you are the one suffering from the poor service, you need to be proactive in building your case from the very beginning.
- Maintain a Detailed Log: Keep a diary or a digital log of every interaction. Note down the date, time, name of the representative you spoke with (if available), and a summary of the conversation.
- Preserve Digital Evidence: Do not delete emails, SMS confirmations, or screenshots. The call recording with the technician is a powerful piece of evidence that corroborates your claim. Ensure it is safely stored.
- Do Not Accept Verbal Assurances: As you have experienced, verbal promises or temporary fixes are not solutions. Always ask for a resolution in writing or a permanent technical upgrade.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
The police have no role to play in matters of service deficiency by a telecom company. This is a civil dispute and does not fall under the purview of criminal law. Approaching a police station will not be fruitful, as they will rightly direct you to the appropriate civil forum, which is the Consumer Commission. Police intervention is only warranted if there is an element of a criminal offence like cheating or fraud with malicious intent from the outset, which is different from a failure to provide adequate service quality.
FAQs people normally have
- Can I really sue a large telecom company for a bad signal?
Yes. As a paying customer, you have entered into a contract for service. If the promised service is not delivered, you can sue the company for "deficiency in service" in the Consumer Commission. - Is it worth the effort? What can I get?
Besides forcing the company to rectify the issue (e.g., by installing a signal booster or a new tower), you can claim compensation for the fees paid during the period of no service, as well as for the mental harassment and inconvenience caused. You can also claim the costs of litigation. - Is a call recording with a company technician admissible as evidence?
Yes, a call recording can be submitted as evidence in the Consumer Commission. It serves as strong corroborative proof of your claims, especially when the technician admits to the technical fault. - Do I absolutely need a lawyer to file a consumer case?
While the Consumer Protection Act allows individuals to represent themselves, hiring a lawyer is highly recommended. A lawyer can draft a legally sound complaint, represent you effectively during hearings, and navigate the procedural complexities of the commission, significantly increasing your chances of a favourable outcome.
What evidence is required?
To build a strong case against the telecom provider, you should gather the following evidence:
- Copies of all paid bills to establish that you are a consumer of the service.
- A complete list of all complaint/ticket numbers lodged with the company, along with dates.
- Screenshots from your mobile phone showing "No Service," low signal bars, or failed call/data attempts.
- The call recording where the company's technician acknowledges the signal problem and the reason for it.
- All correspondence with the company, including emails or letters.
- Details of the CPGRAMS complaint and the response received.
- A copy of the legal notice sent to the company and any reply received from them.
How long will the investigation take?
The term "investigation" here refers to the legal proceedings in the Consumer Commission, not a police investigation. The Consumer Protection Act, 2019, mandates a speedy trial, with a prescribed timeline for disposal of cases, ideally within three to five months. However, the actual duration can vary depending on the workload of the specific District Commission, the complexity of the case, and procedural tactics employed by the opposite party. Realistically, you can expect the process to take anywhere from 6 months to a couple of years for a final resolution.
Advocate Sudhir Rao, Supreme Court of India