• Bill dispute with 'you broadband'

We started a company in dec 2012 and wanted internet connection for office. Sales people from 'you broadband' came over and assessed our bandwidth requirement and suggested that their leased line would be the best solution. We had to pay an installation charge of Rs 10k and 5k for every month there onwards. When asked what happens if we find the solution non-workable, they said that they cant refund the installation cost. Post installation we find that the internet speed is very slow and its not meeting our needs, so we ask them to terminate the connection. They ask us to pay Rs 6258 for the first few days and the 30 days notice thereafter. We refuse to pay the same and ask them to adjust it from the installation charge. No resolution is found and the matter is rested. Meanwhile the broadband sales team from 'you broadband' comes to us with a solution for which there is no installation charge and cost us around Rs 3000 per month. We use this service for about a year doing monthly payments on time. About a few months back we switch from you broadband to another provider. Meanwhile there is no communication about the dispute of Rs 6258 for more than a year. Now suddenly there send a legal notice saying that we need to pay Rs 6258 plus 18% annual interest else we would face legal action, also threatening to invoke section 420. Need your opinion as to whether we should pay up or contest this, because clearly we have been taken on a ride by their sales team.
Asked 3 years ago in Civil Law from Bangalore, Karnataka
1) do you have any letter from you broadband mentioning internet broad band speed . 

2) did you give reasons for termination of connection in 2012 .did you mention broadband speed is very slow and contrary to assurances ?

3)when you shifted to monthly payments of rs 3000 did you receive bills mentioning arrears due and payable?

4)you must reply to legal notice deny your liability to pay Rs 6258 as broadband speed was slow and contrary to written assurances 

5)amicable settlement is best solution as litigation costs would far be more than amount claimed by you broadband
Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

if you have all the bills generated for the usage of the internet for the year you are mentioning and all the communication between u and "you broadand" then send a reply to the legal notice denying any liability to pay any amount. 

Further, if you received any bill stating thereof that the arrear is pending against your company after you started the new connection with them?? If not then you speak with their legal head and try to settle the matter amicably. 

Otherwise let them go to court. You fight out on merits. These Connection companies are playing these type of games a lot these days.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

Dear Querist
If there is any agreement signed by you and representative of the company regarding the speed and there is any discrepancy then you can file a complaint before consumer court against the company. 

Reply the notice with the help of lawyer if you want to fight the case otherwise settle the matter amicably.
Nadeem Qureshi
Advocate, New Delhi
4867 Answers
222 Consultations

4.9 on 5.0

1. Legally speaking, the notice issued by the service provider is not tenable in the eyes of the law. 

2, When you initially apprised the service provider of the low speed and sought disconnection you were asked to pay Rs.6258 for the first few days. It is not clear as to what was the basis of computing this amount. 

3. As a subscriber you have the right to terminate the connection at any time. If you did not default in the payment of any of your monthly bills then I see no legal liability which can be fastened on you.

4. This legal notice is, apparently, issued by the service provider to seek unjust enrichment. 

5. Reply to the notice through your lawyer and deny their claim.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, issue reply to the legal notice as they issued the notice in order to threaten you and it is better contest the matter.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. Hope you have written documents assuring your required broadband,

2. Also hope that you have all written evidence of the company's offer for changed tariff to defend your action,

3. If so, then reply the said legal notice accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

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