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

Mr. Alok Sharma, a resident of Rajpur, Gujarat, found himself in a frustrating situation with his broadband provider, ConnectNet Broadband. His internet service went down on a Wednesday, and despite logging a complaint, the scheduled technician failed to appear. The same thing happened the next day, with the rescheduled technician also being a no-show. After spending a significant amount of time with customer support, the only resolution offered was another appointment a week later, which would leave him without a paid service for over seven days. When Mr. Sharma expressed his dissatisfaction, the support agent abruptly told him to disconnect the call, refusing any further assistance. This scenario highlights a clear case of service deficiency, leaving the consumer to wonder about their legal recourse.

Advice in such cases

When you face such neglect from a service provider, it is crucial to act systematically to protect your rights.

• Document Everything: Keep a detailed record of every interaction. Note down the dates and times of service disruption, complaint numbers, names of the customer service agents you spoke with, and a summary of the conversations.
• Written Communication: Move from verbal complaints to written ones. Send a formal email to the company’s grievance redressal cell, outlining the entire issue, the lack of resolution, and the financial loss and inconvenience caused.
• Escalate within the Company: Most telecom companies have an appellate authority. If the initial support level fails, escalate your complaint to this higher authority as per the procedure mentioned on their website.
• 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 issue is primarily governed by consumer protection laws, not criminal statutes. The new Bharatiya Nyaya Sanhita (BNS) is a criminal code and does not apply to cases of civil deficiency in service.

• The Consumer Protection Act, 2019: This is the principal legislation. Your case falls squarely 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.
• Telecom Regulatory Authority of India (TRAI) Regulations: TRAI has laid down specific “Quality of Service” (QoS) standards that all telecom service providers must adhere to. These regulations mandate specific timelines for fault repair, and failure to meet them constitutes a violation.

If you are the complainant

As the person filing the complaint, you are seeking accountability and compensation for the poor service.

• Send a Legal Notice: The first formal step is often to have a lawyer send a detailed legal notice to the service provider. This notice will state the facts, cite the deficiency in service, demand immediate restoration of the connection, and claim compensation for the period of non-service and the mental agony caused. This shows your seriousness and often prompts a quicker resolution.
• File a Consumer Complaint: If the legal notice is ignored or the response is unsatisfactory, you can file a complaint before the appropriate Consumer Dispute Redressal Commission (District, State, or National, depending on the value of the claim). You can do this online through the e-Daakhil portal.
• Complain to TRAI: You can also lodge a complaint with TRAI, as the service provider has violated its Quality of Service regulations. While TRAI does not handle individual compensation claims, it can take action against the company for non-compliance.
• 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

As a victim of service deficiency, you possess certain undeniable rights.

• Right to Service: You have the right to receive the services you have paid for, as per the terms and conditions of your agreement with the provider.
• Right to Redressal: You have the right to have your complaints and grievances heard and resolved in a timely manner. The provider cannot arbitrarily dismiss your concerns.
• Right to Compensation: You are entitled to be compensated for the direct loss (e.g., a refund for the days the service was down) and for the indirect loss, such as mental harassment and inconvenience caused by the provider’s negligence.
• 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 such matters. This is a civil dispute between a consumer and a service provider, not a criminal offence. If you approach a police station, they will rightly advise you to file a complaint with the Consumer Commission. Police intervention is only warranted if there are elements of criminal fraud, cheating with malicious intent, or criminal intimidation, which are very difficult to prove in a standard service deficiency case.

FAQs people normally have

• Can I stop paying the bill? It is generally not advisable to stop payment, as the company may use it against you, claiming you are a defaulter, and it could affect your credit history. It is better to continue paying under protest and claim a refund for the non-service period in your consumer complaint.
• Can I claim compensation for mental agony? Yes, the Consumer Protection Act, 2019, explicitly allows consumers to claim compensation for mental agony, harassment, and inconvenience suffered due to the provider’s deficiency in service. The amount awarded depends on the discretion of the commission based on the facts of the case.
• Do I need a lawyer for consumer court? While you can represent yourself in the Consumer Commission, hiring a lawyer is highly recommended. A lawyer understands the legal nuances, procedural requirements, and how to present your case effectively to maximize your chances of a favourable outcome.

What evidence is required?

Strong evidence is key to winning your case. You should compile the following:

• Copies of all bills and payment receipts to prove you are a paid customer.
• Screenshots or copies of your complaint registration, including complaint/ticket numbers.
• A detailed log of all your calls and communications with customer support.
• Copies of any emails or written correspondence with the company.
• A copy of the legal notice sent to the provider and its reply, if any.
• Any evidence of financial loss incurred due to the lack of service (e.g., receipts for alternative internet arrangements).

How long will the investigation take?

The term “investigation” here refers to the proceedings in the Consumer Commission. The Consumer Protection Act, 2019, mandates a speedy trial, ideally within 3 to 5 months. However, in practice, the timeline can vary depending on the complexity of the case, the workload of the Commission, and the tactics used by the opposite party. A straightforward case like this could be resolved within 6 to 12 months, but it’s best to be prepared for a longer duration.

Advocate Sudhir Rao, Supreme Court of India