2 weeks ago
BSNL ordered to pay Rs 15,000 for misleading recharge leaflet
A man in Kerala bought a phone recharge and believed he was getting 84,000 seconds of free calls.
The paper that came with the recharge promised those free seconds.
But when he made calls, the phone company charged him in whole one-minute chunks.
So even a very short call took away a whole minute from his balance.
The man complained to a special consumer court.
The court said the phone company had not been fair to its customers.
The company said the paper was just a printing mistake and the real offer was even bigger.
The court said mistakes cannot be the customer's problem and made the company pay Rs 15,000.
The court did not give his Rs 449 back because he had already used the recharge.
This case shows that companies must give customers true and clear information about what they are buying.
Kerala's Thrissur district consumer commission held BSNL deficient in service and guilty of unfair trade practice.
Customer C V Jose bought a BSNL STV 449 prepaid recharge for Rs 449 in December 2016, relying on a leaflet promising 84,000 seconds of free calls.
BSNL deducted call usage on a one-minute pulse basis, so even a short call consumed a full minute of balance.
BSNL argued the incorrect figure was a printing mistake and that its revised tariff had actually increased free calls to 1,540 minutes (92,400 seconds).
The commission rejected the defense, ordered BSNL to pay Rs 15,000 compensation, and declined a refund since the recharge was already used.
- Who
- C V Jose, a Kerala customer, filed the complaint against BSNL; the Thrissur district consumer commission, led by President C T Sabu with members Sreeja S and Ram Mohan R, heard the case.
- What
- BSNL was ordered to pay Rs 15,000 compensation after its recharge leaflet promised 84,000 seconds of free calls while charges were actually deducted on a one-minute pulse basis.
- Where
- Thrissur, Kerala, India, at the Thrissur district consumer commission.
- When
- The recharge was purchased on December 12, 2016, and the commission's order was issued on July 27.
- Why
- The commission held that consumers are entitled to rely on written information provided by a service provider at the time of purchase, making BSNL's conduct a deficiency in service and an unfair trade practice.
Consumer's position
BSNL's defense
The 'printing mistake' defense
Consumer's position
Consumers are entitled to rely on the written information a service provider gives at the time of purchase, and any error by BSNL cannot be shifted onto consumers acting in good faith.
BSNL's defense
The incorrect '84,000 seconds' figure on the October 2016 card was an inadvertent printing mistake that was immediately corrected by informing franchisees and retailers.
Benefit of the revised tariff
Consumer's position
Deducting calls on a one-minute pulse basis contradicted the leaflet's second-based promise, causing financial loss and mental agony even for calls lasting a few seconds.
BSNL's defense
The revised scheme was more beneficial to consumers because total free calling time increased from 84,000 seconds to 92,400 seconds, and BSNL even offered the complainant a free Rs 449 recharge.
Key facts
- Recharge plan
- BSNL STV 449 prepaid recharge
- Recharge price
- Rs 449
- Stated leaflet benefit
- 84,000 seconds of free calls with 84 days validity
- Purchase date
- December 12, 2016
- BSNL's revised tariff claim
- 1,540 minutes (92,400 seconds) of free calls from September 17, 2016
- Deduction mechanism
- One-minute pulse basis instead of per-second
- Compensation ordered
- Rs 15,000
- Refund
- Not ordered; recharge was activated and substantially used
Quotes
Kerala Consumer Commission
Commission ruling on consumer rights
“"The burden of ensuring that accurate and complete information reaches consumers lies entirely upon the opposite party."”
indianexpress.com
“"A consumer is entitled to rely upon the written representation made by the service provider at the time of purchase…"”
indianexpress.com
Sources
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