One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me with a complaint against ABC Telecom Company regarding their “Unlimited 5G” plan. He had subscribed to the plan based on their aggressive marketing campaign promising unlimited high-speed data access. However, after consuming 100GB of data, his speeds were drastically reduced and the unlimited benefits were effectively terminated. When Mr. X tried to contact customer support, he was routed through automated systems with no access to human assistance. The company’s advertisements clearly stated “unlimited” without mentioning any fair usage policy or data caps in prominent text. Mr. X felt cheated and wanted to take legal action against the telecom company for misleading advertising, breach of contract, and unfair trade practices. The case involved consumer protection laws and advertising standards violations.

Advice in Such Cases

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 to 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.

• Document all advertisements and marketing materials that promoted the unlimited service
• Maintain detailed records of your data usage and speed tests before and after the alleged throttling
• Keep screenshots of all communication attempts with customer service
• File complaints with consumer forums and regulatory authorities like TRAI simultaneously

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonest inducement to deliver property. Section 316 covers criminal breach of trust. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural framework for filing complaints. Additionally, Consumer Protection Act 2019 Sections 2(7) and 2(47) define deficiency in services and unfair trade practices. The Telecom Regulatory Authority of India Act also governs such disputes. These cases often involve both civil and criminal aspects depending on the scale of deception and financial impact on consumers.

If You Are the Complainant

• File a complaint with the District Consumer Disputes Redressal Commission within two years
• Submit a detailed complaint to TRAI with supporting evidence and documentation
• Preserve all bills, advertisements, terms and conditions, and communication records
• Consider filing a police complaint for cheating if the financial loss is substantial
• Join or initiate class action suits with other affected consumers for stronger legal standing

If You Are the Victim

• Immediately stop using the service if possible and switch to alternative providers
• Calculate total financial losses including plan costs and additional charges incurred
• Contact the telecom company in writing demanding explanation and compensation
• File complaints with consumer court, TRAI, and local police station simultaneously
• Seek compensation for mental harassment, financial loss, and deficiency in services

How the Police Behave in Such Cases

Police typically treat telecom fraud cases as commercial disputes initially. They may advise approaching consumer forums first. However, with proper documentation showing intentional cheating and financial fraud, they register FIRs under relevant BNS sections. Investigation involves examining company policies, advertisement materials, and technical evidence of service throttling. Police coordinate with cyber crime cells for technical analysis and may seek TRAI assistance for regulatory violations.

FAQs People Normally Have

Can I get full refund of my plan charges? Yes, consumer courts can order full refunds plus compensation for deficiency in services and mental harassment.

How long does such case take? Consumer forum cases typically resolve within 6-18 months, while criminal cases may take 2-3 years.

Can telecom companies hide terms in fine print? No, material terms affecting service quality must be prominently displayed and clearly explained to consumers.

Is class action possible? Yes, multiple affected consumers can file joint complaints for stronger legal standing and shared litigation costs.

What Evidence Is Required?

• Original advertisements, brochures, and marketing materials claiming unlimited service
• Service agreement, terms and conditions, and plan activation confirmations
• Data usage records, speed test results, and service performance logs
• Screenshots of customer service interactions and complaint registrations
• Bills, payment receipts, and financial transaction records
• Witness statements from other affected customers
• Expert technical opinions on service throttling and network management practices

How Long Will the Investigation Take?

Consumer forum proceedings typically conclude within 6-12 months with proper documentation. TRAI investigations may take 3-6 months for regulatory action. Police investigation duration varies from 6 months to 2 years depending on case complexity. Technical analysis of network throttling practices and examination of company policies requires additional time. Multiple parallel proceedings can expedite overall resolution.

Advocate Sudhir Rao, Supreme Court of India