Airtel Broadband Fair Usage Policy

[cyberwiz]

well if we went to court, we would have some locus standi because what Airtel has signed with us is a contract of Adhesion

A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation, i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners, such as when an individual is given a contract by the salesperson of a multinational corporation. The consumer is in no position to negotiate the standard terms of such contracts and the company's representative often does not have the authority to do so....There is some debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts

source : Standard form contract - Wikipedia, the free encyclopedia

 

[rpm19050]

well o well. it' fine whatever contract they've made me sign.they cant hurt more than some 900 per month. but i can go around telling people the kind of stuff airtel is pulling and if some customers do turn away( i've got some success lately :dance:. atleast 2 ppl went for bsnl, one for mtnl), airtel gets hurt more. unequal non-bargaining rigid parties you see

 

[kckinn]

Airtel will only rethink if customers start turning away from them. Kudos to rpm19050 for turning away 2 customers to other ISP's. I am also trying my best like, spreading negative word of mouth publicity through my friend circle, gtalk, facebook.

If well all go in the same direction, we can cause a lot of negative PR for Airtel and cuase them to rethink.

 

[vebk]

I will again remind all of you that online petitions dont do anything as they are not legal.Its sad that not a single news channel is covering this up.
Warthog, it was never meant to be a document akin to a legal notice. Legal recourse should always be a last option. If you can appeal to a party's better judgment, it's always a more preferable situation. The petition is intended to convey to Bharti Airtel Ltd. that you have a lot of pissed off customers who will drop your services if you don't take back this policy, and will make sure that people they know don't either. Done correctly, this can be much more effective than sending them a legal notice, and then fighting out the case for the next 2-3 years, and maybe get a pittance by way of compensation.

As for the news covering it up, I am sure you know how the news works!! They are not going to cover an online petition that has 135 signatories!! Yes, maybe if we reach 20,000, they might think it's newsworthy! So we need to have patience on that front. First let's get enough signatures, then the media coverage may follow.

I am qouting this post again as I believe some people still think we have a legal case against Airtel. I have verified the above statements and they are printed on the enrollment form.
Let's not take this to ad nauseam. Just because a company prints terms and conditions on the back of its form in small print, doesn't mean that it is good in law or that it applies to the customers. To give you an absurd example (but one which will convey what I mean): If Airtel had a clause that "When a user crosses the 20GB limit, he will give his or her first born child to Bharti Airtel Ltd." it does not automatically make it enforceable!! Thankfully, our jurisprudence in this country is quite sound (though the procedural aspects may bog down justice). Standardized contracts are AFAIk taken with a pinch of salt. The courts AFAIK will make their own judgement call as to what exactly was agreed by the parties when they agreed for the connection, not what one party printed unilaterally in small print on the back.

 

[blr_p]

meaning that airtel is not liable to answer or even act

Ok i get what you are saying but dont think the word to use is 'legal'.

It's something on the lines of enforceable, actionable, a notice or summons.... not sure myself to the actual word here

Saying something isn't legal implies its illegal which this petition most defnitely is not

Now that's out of the way, still think the petition is a good idea for reasons mentioned.

 

[kalpik]

Sushubh, from the feedback i've been getting, people are not aware they have to confirm email. And the email is going into spam for a lot of people. So it would be great if you could bold the part (probably a diff color?) about the email confirmation and also add a line there for people to check their spam folders. Btw, even im not sure why its going into spam, the domain is not listed in the SPF database. Let me look at the headers of the mail i got.

 

[annne]

Guys,

I got a call just now from Airtel regarding the complaint I had raised with their Nodal Officer & Appellate Authority. Although it lasted for about 30 mins, as anticipated, it did not resolve any of our concerns.

Some of the things that the representatives (there were 2 of them) said that seemed bullshit to me:


[*]Multiplying 256kbps with the no. of seconds in a month is not the correct way of calculating the allowed max data transfer figure.
[*]If I want 256kbps throughout the month, they would "suggest" that I migrate from my 256kbps plan to the 384kbps plan, which would cost me 999/- in rentals as opposed to the 799/- I am paying now.
[*]They have implemented FUP to provide a "similar" experience to every customer because due to "high usage" by some customers, others are having speed issues.
[*]Because of the small print clause "Conditions of service liable to be changed by Service Provider" in the initial User Agreement, Airtel has the right to change any policy at any time they wish. After doing so their duty is limited to informing the customer with a mail.
[*]The customer's feedback has been thankfully taken.
[/list]The bottom line of this senseless discussion is that Airtel is going to do whatever they feel like.

 

[raj2007]

some news on FUP/FAP Fair Access Policy - Wikipedia, the free encyclopedia ....Airtel...wake up..

 

[socrates]

Guys,

I got a call just now from Airtel regarding the complaint I had raised with their Nodal Officer & Appellate Authority. Although it lasted for about 30 mins, as anticipated, it did not resolve any of our concerns.

Some of the things that the representatives (there were 2 of them) said that seemed bullshit to me:


[*]Multiplying 256kbps with the no. of seconds in a month is not the correct way of calculating the allowed max data transfer figure.
[*]If I want 256kbps throughout the month, they would "suggest" that I migrate from my 256kbps plan to the 384kbps plan, which would cost me 999/- in rentals as opposed to the 799/- I am paying now.
[*]They have implemented FUP to provide a "similar" experience to every customer because due to "high usage" by some customers, others are having speed issues.
[*]Because of the small print clause "Conditions of service liable to be changed by Service Provider" in the initial User Agreement, Airtel has the right to change any policy at any time they wish. After doing so their duty is limited to informing the customer with a mail.
[*]The customer's feedback has been thankfully taken.
[/list]The bottom line of such this senseless discussion is that Airtel is going to do whatever they feel like.

Yoa are right what they handed out sounds like marketing spiel to me, with a little help from their legal eagle.

 

[~Hami~]

I got a Call from the Airtel Guy. He asked me to change to UL 899 Plan which they give 150 free calls like that.. I raised question about Fair Usage Policy, he said it has not been implemented in my plan.. and they haven't just started implementing on the whole.. they ll do step by step. But he said already customers are not happy with the Fair Usage Policy being applied.. So he said most probably the Fair Usage Policy will not be implemented. I guess it is a time being answer from them. Lets see whats gonna happen.