The 100mbps speeds will make the pipes very heavy and under pressure they will explode
You mean 1,000mbit/s.
And if the pipes explode, well... everyone likes fireworks and pretty lights - we can say it's an early Diwali
For the most part, we sell data. We don't care where it goes once it's off our network - it's still charged at the same rate. We couldn't possibly get any more neutral than that, and if Warthog begs to differ, I'd like to see how.
If we did like Rs1/GB for Facebook and Yahoo, Rs2/GB for MSN and Youtube, Rs5 for Vimeo... THAT would be bad for Network Neutrality, but that's not what we're doing, and in this case, nor is Airtel.
As for the CGA, there is no clause which prevents an ISP from restricting access on certain protocols: the act states in a nutshell that the product must perform as promised. The only speed guarantee that is given to anyone by an ISP is that it is going to be more than 256kbit/s to the ISP node. That's it. And they deliver on that promise - any DPI/throttling is done at the network's border and as such the CGA does not apply because the ISP is not guaranteeing you a given speed from your home to say, the USA.
And if you were buying an MPLS at however many lakhs/crores per year you get it for, the CGA again wouldn't apply because you wouldn't be a consumer - but their SLA would state that the speed has to be such and such from one point to another (for example, Mumbai to San Jose USA) - of course, after it leaves (for example Equinix at San Jose), it's anyones guess what speeds you'd get within the continental US or to London or where ever the traffic was eventually destined for... and then the CGA would apply even less because it would be AT&T/HE/Genuity/Verizon/NTT/Reach/PCH/
Tata/etc/etc/etc transporting the data and in this case, you'd be contending with all the other data flowing out of that data center, and they wouldn't be liable because they would not have signed a contract with you.
@Warthog If you really want to file a lawsuit against Airtel, maybe you should give it a go - I'd support you if you had a solid case.