If you are stuck in such a situation, here is what to do.

Mr. Verma, a university student from the city of Prayagraj, recently faced significant issues with his telecom provider, “ConnectMax Telecom.” He had subscribed to their premium ₹999 monthly plan, which explicitly promised unlimited 5G data. However, for the past several weeks, he noticed that despite his phone showing a 5G network connection and experiencing 5G speeds, his data was being deducted from a daily limit of 3GB. Once this limit was reached, his internet access was cut off, severely hampering his ability to study and attend online classes, as he does not have a Wi-Fi connection at his residence.

Frustrated, Mr. Verma first visited a local ConnectMax store, where employees attempted to resolve the issue by adjusting his phone’s APN settings, but this did not work. He then contacted the company’s customer support multiple times. He was asked to raise a feedback ticket, which was subsequently closed by the company without any resolution or contact. During phone calls, support agents and even a “senior manager” repeatedly stated that they were “working on the issue” but offered no concrete solution or timeline. When Mr. Verma requested compensation for the faulty service, his request was denied. Upon informing the manager that he would be forced to approach the consumer court, the manager mockingly replied, “Aapko jo karna hai kar lijiye” (Do whatever you want). This dismissive and unprofessional attitude left Mr. Verma feeling helpless and cheated.

Advice in such cases

When you are facing a deficiency in service from a large corporation, it is crucial to act systematically.

• Keep a detailed record of every interaction. Note down the date, time, name of the representative you spoke with, and a summary of the conversation. Keep all emails, ticket numbers, and reference IDs.
• Escalate the issue through the company’s official grievance redressal mechanism. Most telecom companies have an appellate authority. Filing a complaint here is often a prerequisite before approaching other forums.
• If the issue remains unresolved, send a formal legal notice to the company’s registered office, detailing the problem, the relief sought, and your intention to pursue legal action.
• 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

This case is primarily governed by the Consumer Protection Act, 2019. The actions of the telecom company fall under:

• Deficiency in Service [Section 2(11) of the Consumer Protection Act, 2019]: This refers to 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. Promising unlimited 5G and then capping it is a clear deficiency.
• Unfair Trade Practice [Section 2(47) of the Consumer Protection Act, 2019]: This includes making false or misleading representations concerning the quality or standard of services. Advertising an “unlimited” plan that is, in practice, limited, qualifies as an unfair trade practice.
• Regulations by the Telecom Regulatory Authority of India (TRAI) also mandate quality of service standards that operators must adhere to.

If you are the complainant

As the person filing the complaint, your role is to present a clear and evidence-backed case.

• Organize all your evidence: recharge receipts, screenshots of the plan details, screenshots showing 5G signal but data being deducted from a daily limit, and any written communication with the company.
• Draft a complaint detailing the entire sequence of events, the deficiency in service, the financial loss, and the mental agony caused. Clearly state the relief you are seeking, which can include a full refund, compensation for the deficient service, and costs for mental harassment and litigation.
• File the complaint with the appropriate District Consumer Disputes Redressal Commission. The jurisdiction is determined by the value of the claim and the location of the parties.
• 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 find yourself in a situation like Mr. Verma’s, here are the immediate steps to take to protect your rights.

• Move all communication to a written format like email. This creates a digital paper trail that is undeniable. Avoid relying on verbal assurances over the phone.
• Clearly state in your written communication that the service provided is not as per the contract and constitutes a “deficiency in service” under the Consumer Protection Act, 2019.
• Do not be intimidated by the company’s dismissive attitude. Their unprofessionalism can be presented as evidence of their poor service quality and lack of regard for consumer rights.
• 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

It is important to understand that a dispute over telecom service quality is a civil matter, not a criminal one. The police have no jurisdiction in such cases. If you were to approach a police station, they would rightfully advise you that this is a consumer dispute and direct you to file a complaint with the Consumer Commission. The police do not register First Information Reports (FIRs) for service deficiencies or contract violations of this nature.

FAQs people normally have

Can I claim compensation for mental harassment for such an issue?

Yes. Under the Consumer Protection Act, 2019, you can claim compensation for the mental agony, harassment, and inconvenience caused due to the service provider’s deficiency and unprofessional conduct. The amount of compensation is decided by the Commission based on the facts and circumstances of the case.

Is it necessary to hire a lawyer to file a case in the Consumer Commission?

While it is not mandatory for a consumer to be represented by a lawyer and you can file the case yourself, it is highly recommended. A lawyer understands the legal nuances, procedural requirements, and how to frame the arguments effectively to maximize your chances of a favourable outcome.

What if the company fixes the issue after I file a complaint?

Even if the company resolves the issue after you have initiated legal proceedings, you are still entitled to claim compensation for the period during which you suffered due to their deficient service and for the costs incurred in pursuing the complaint.

What evidence is required?

Strong evidence is the backbone of a successful consumer complaint. For a case like this, you should gather:

• Proof of payment for the recharge plan (e.g., transaction receipt, bank statement).
• A copy or screenshot of the advertisement or plan details promising “unlimited 5G.”
• Screenshots from your phone showing the 5G network symbol is active.
• Screenshots from the service provider’s app or website showing your daily data being consumed and exhausted.
• A record of all communications with customer support, including ticket numbers, email chains, and call logs.
• A copy of the legal notice sent to the company and its delivery receipt.

How long will the investigation take?

The term “investigation” is more suited to criminal cases. In the context of the Consumer Commission, it is a “proceedings” or “adjudication” process. The Consumer Protection Act, 2019, mandates a speedy redressal. Ideally, a case should be disposed of within 3 to 5 months from the date of filing, provided there are no complex issues or adjournments. The process involves filing the complaint, the opposite party filing their reply, presenting evidence, arguments, and then the final order by the Commission.

Advocate Sudhir Rao, Supreme Court of India