To,
Mr. Nagesh Prasad,
Tikona Digital Networks
Nodal Officer & Head (Compliances),
3A, 3rd floor, ‘Corpora’, L.B.S.Marg,
Bhandup (West), Mumbai-400078.
That this Legal notice is without prejudice to the rights to which I am entitled under the law.
You had approached me for availing Tikona Broadband Internet Connection facility. At the relevant point of time, you had demonstrated your Tikona Broadband connectivity by giving demo and represented as well as assured me that I will receive the same connectivity in future as well without there being default of any kind. But from the date of connection I never received the actual connectivity speed which was demonstrated and which was assured to me.
That based on reliance on your representation and assurance, I was induced to avail said Broadband facility and paid your requisite charges by way of Internet Banking.
That though while availing the said facility you had assured me that there will be no issues regarding connectivity speed and I will get the connection speed as per the plan I have opted and there will be no default while resolving any issues/ concerns being raised by me. However, as per well designed modus operandi, you deliberately ignored and did not care to resolve the low speed connectivity issues complained by me from the month of August-2013. This conduct on your part clearly suggests your dishonest and malafide intention of usurping the amount paid by me which was paid under protest.
From the below trail mails it can be learned that, in spite of my repeated specific instructions to disconnect the Internet facility yet I have not received any confirmation regarding disconnection of the same.
In the aforesaid facts and circumstances, it is very clear that you are intentionally stretching the billing period as you are having dishonest and malafide intention to dupe your customers from the very beginning and thereby to cause wrongful loss to me by usurping the amount which my hard earned money. This, intentional act of default on your part has render yourselves liable for the criminal offences of cheating as well as criminal breach of trust which you may please note.
In view of the aforesaid facts I am constrained to give this notice calling upon you to disconnect the Internet facility, provide confirmation of the same in writing and refund me entire amount paid by me towards monthly charges along with deposit amount within 3 days from the receipt of this notice, failing which I will be constrained to initiate legal proceedings against you as may be permissible in law including initiation of Criminal proceedings U/s 406 ,420 of I.P.C., entirely at your cost and you will be solely responsible for the consequences resulting there from.
I trusts that, good sense will prevail upon you and you will try to avoid the costs and complexities of litigation. However if you choose to ignore this notice, you shall be doing so at your own risks and peril.
Copy of Mail Marked to: (for information and necessary action)
1) DR. M.S. KAMATH, HON. SECRETARY, CONSUMER GUIDANCE SOCIETY OF INDIA, OPP. CAMA HOSPITAL MAHAPALIKA ROAD, MUMBAI
2) THE TELECOM REGULATORY AUTHORITY OF INDIA
3) CONSUMER REDRESSAL FORUM
Mr. Jaykrishnan Nair
Manager – Contact Center Operations
2nd Floor, ‘Corpora’, L.B.S. Marg,
Bhandup (West),
Mumbai – 400 078.
Sincerely,
ONKAR M GUJAR
(ADVOCATE)