Grievance Against Reliance Communications at Borivali, West, Mumbai

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1 Grievance Against Reliance Communications at Borivali, West, Mumbai Grievance From:- Kashyap Mansukhlal Vyas Prem Nagar Bldg. No.5,A-003, Ground Floor, Off S.V.P. Road, Gymkhana Road, Near Vijaya Bank & M.C.F. Garden, Borivali,west,Mumbai Maharashtra, India. E mail: Kashyap@citizensvigilanceforum.com ; Kashyap@kasyapfinance.com Mobile N ; Grievance Against :- Reliance Communications Ltd Reliance Mobile Store,Blue Berry Enterprises Shop No.3,Avishkar Co-Op Housing Society Ltd, Gulmohar Road,Off Chandavarkar Road, Near Raichura Circle, Borivali(West),Mumbai Executive : Anil Mob No Landline : E mail: Contact@PlanDekho.com ; SUB:- I took New Connection with Subscriber Mobile no on last Saturday ie 10 th January, 2015 along with New CDMA Handset, ZTES 188 MELD(HEX) no. A000004E33B3EC for Rs 1,600/-. I also paid Rs 325/- towards new CDMA SIM Card. Instead giving me Free Call for 90 days as per our Understanding & Arrangements and their Assertion I am being Charged at Rs 0.25 paise per minute. The Reliance Communications and their executives are Resorting to same and similar Unfair Trade Practice to almost all customers frequently According to ORAL Promised & assertion of Executive Anil and his senior colleague :- (1) I Would be getting All Calls free to any network ( not just restricted to only Reliance which may please note) for a Period of 3 Months ie Full 90 Days from the date of activation of my Mobile number no (2) Further I Will get all Calls to any network at 0.25 paise per minute for 12 Months after conclusion of 90 Days as mentioned above.

2 But to my Surprised and Shock I am being charged with 0.25 paise per minute for All Calls whether Local or Std. The Reliance Communications and their executives are applying same and similar Unfair Trade Practice to almost all customers. Introduction/ brief of the facts giving rise to filing of the Grievance And information About Reliance Communications Ltd :- In the recent past and even currently the prevalence of Unfair Trade Practice has been on a rise and various instances have come to light bringing the issue at hand in discussion. In Recent case, leading real estate firm Unitech Ltd. has been held guilty of resorting to "unfair trade practice" by a consumer forum and directed to pay a customer Six Hundred Sixty Thousand Indian Rupees for making "illegal demands" from him after he booked a flat with it and paid the booking amount. The District Consumer Disputes Redressal Forum, in its order, observed that the firm and its agent made "unjustified" demands from the customer and also threatened to forfeit his deposited money. The awareness among consumers in today's modernized world is giving way to consumers ascertaining the rights provided to them under Consumer Protection Act and seeking redressal against the unfair trade practice. The prospect of the consumer justice system in our country appears to be bright in view of the provisions available in the Indian statutes and legislation and various proactive policies, schemes/programmes being adopted by the Government. Involvement of trade and industry, civil society organizations and above all consumer themselves is vital to keep a check on the practice of unfair trade in the years to come. The term "Unfair Trade Practice" does not have a universal standard definition. However, the term Unfair Trade Practice broadly refers to any fraudulent, deceptive or dishonest trade practice; or business misrepresentation of the products or services that are being sold; which is prohibited by a statute or has been recognized as actionable under law by a judgement of the court. However, the Indian statute dealing with the term is Consumer Protection Act, 1986.

3 General unfair trade practices may include unfairly refusing a transaction, discriminating against a transacting party, unfairly excluding competitors, unfairly soliciting customers, unfairly coercing customers, trading with a transacting party by unfairly taking advantage of one's bargaining position, trading under terms and conditions which unfairly restrict business activities of a transacting party, disrupting business activities of another enterprise, and unfair provision of capital, assets, manpower, etc (Unfair assistance). Abuse of dominant position * makes conclusion of New Mobile deals with so called & Fabricated Free Calling Plans & plans at lower rates which in fact not provided on actual activation of Services by Reliance. We the customers who are ultimately harmfully affected by so called under ground malpractices & tactics are kept totally in Dark. This unfair trade practice by Reliance Communications Ltd surely affect other eminent competitors ( like Loop Mobile, MTNL, MTS, Uninor, Aircel, Tata Tele Services, Idea Cellular, Vodafone, Airtel ) as well as consumers And the relevant market in its favor. The Informant (Petitioner) would like to state before the Honorable Commission that in the primary market (i.e. choice of Telecom services provider ), there is intense competition between the Service Providers and the consumers have wide choices to chose from at least 10 Companies. But once the consumers make the choice, the consumer has to face the unscrupulous practices of the Telecom Service Provider and there is substantial switching cost and Time Consumed Cost which will be incurred by a consumer to shift service provider. Similar to the logic of aftermarket which is adopted by the Hon ble Commission in the automobiles matter, in this case also, there is an aftermarket (i.e. market for services provided by the Telecom Company post the consumer books its service ), where each Telecom player is dominant because the consumer has to face the unscrupulous practices of the Telecom providers and cannot resort to number portability with ease, unless they incur substantial switching cost.

4 Interim relief sought for under Section 33 of the Competition Act, 2002 I on behalf of All Consumers request the Honorable Commission to take an appropriate action against Reliance Communications Ltd to Curb any such Malpractices. Appropriate Fine if necessary please be imposed on the Service provider. Message to Reliance Communications Ltd by Social Activist Kashyap Vyas. If You wish to File Criminal Petition against me you are most welcome. Please do it immediately without Frittering away your time. I am filing this 21 st Serious Public Grievance with various authorities as mentioned herein above. If you wish to file any Criminal Case against me at Mumbai High Court or Supreme Court of India for harassing you. I am geared up for any Such bogus & Frivolous Writ Petitions. I have taken up in total 21 Public Cause cases in Mumbai & Pune. If you wish to see & read my Public Interest matters please click at following web links. With Regards Kashyap Vyas E mail: Kashyap@citizensvigilanceforum.com ; Kashyap@kasyapfinance.com Mobile N ;

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