Updated: Vodafone’s Legal Notice To Customer Points Towards A Bigger Problem


Update: Media reports suggest that Vodafone Essar has withdrawn the legal notice that it served to Dhaval Valia. It has issued a statement saying that the legal notice has been withdrawn in good faith, and that it welcomed critical feedback and suggestions from both direct and social media customers.

Earlier (June 1 2011): Mobile service provider Vodafone Essar has sent a legal notice to Dhaval Valia, one of its customers, alleging that he made defamatory statements against the company on Facebook, troubled senior officers, including a female officer through texts and calls, and posted names and contact details of two senior officers, reports Livemint. In the notice, Vodafone has asked Valia to stop calling Vodafone officials, and making defamatory statements. He has been asked to remove his Facebook posts in 48 hours, warning him that the failure to comply will lead to Vodafone initiating civil and criminal proceedings, the cost of which would have to be borne by Valia.

The cause for this dispute was, allegedly, Vodafone’s inability to offer 3G services in the area where Valia resides, since Valia ported to Vodafone from Loop Mobile for this very reason. Also, it appears that Vodafone billed him for 3G data, and later waived off the charges on his repeated requests. Although, Vodafone advertises 3G services aggressively, its coverage of many cities including Delhi and Mumbai, is not complete. Till a few days back, 3G was only available in South, Central and Gurgaon regions of NCR/Delhi. However, if a customer activates a 3G plan and uses data in areas where 3G coverage is not available, he is charged as per 3G tariffs, which are more expensive than 2.5G/Edge.

In response to the notice, Valia now plans to initiate a consumer case against Vodafone, demanding Rs 1.5 lakh as compensation for “mental agony”, according to the report.

Our Take

- Quality Of Service: this is clearly not the only case of customers in India facing issues with telecom operators, or just a stray incident of “telco-rage”. Delivery of telecom services has its issues, whether it is provisioning, cancellation, availability or false billing, and customers are often left fuming with no one to vent their frustration at, except the customer care executive, who doesn’t always help matters. On the whole, the customer care offered by most Indian telcos are below par. This is evident from The National Consumer Helpline’s press release, which mentions that in the month of April, 19% of the complaints made to the helpline were telecom related complaints.

Customer service executives are not briefed about new services, access to a representative, being blocked after 2-3 calls, and all that when these calls are being charged. Also, activation of VAS products without the customers’ consent is a major problem.

- Provisioning without adequate availability: If Vodafone had provisioned only half the cell sites in the city of Mumbai with 3G (as alleged by Valia), is it right for the company to provision the service without adequate availability? If it was, as the company has told Mint, within the regulations, then we think the regulations need to be looked at again by the TRAI.

Apart from this, there are other issues for Vodafone to consider:

- Private Or Public: The report indicated that Valia’s Facebook wall was not visible to Vodafone, so the information was communicated to a private group of individuals. Vodafone is sending him a notice to remove what might be deemed to be a private conversation.

- Ambiguity Towards Social Networks: The company’s move makes its position on communication through social networking platforms, a little ambiguous. On one hand it has set up a dedicated Twitter handle to tackle complaints and resolves them through its nodal offices, and on the other side its threatening to sue customers for defaming the company on Facebook.

- Who All Will You Go After? We wonder why Vodafone just restricted itself to Facebook, when there are a hundred consumer complaints sites out there, such as consumercomplaints.in, consumercourt.in, complaintsforum.in and many more, in addition to forums and blogs, where users post similar or worse comments. Also, unlike Facebook, where wall posts are mostly private and restricted to the person’s friends, Twitter is much more vocal, and hundreds of people rant about bad service experiences, with a hundred more retweeting them to spread the word. Also, there are a number of parody accounts which poke fun at them. So how far will the company go to block them out?

- When Bad Things Go Viral: This could have a negative impact on Vodafone’s high port-in ratio, post MNP and on the company’s ‘customer friendly’ image that it tried to build through its ‘Happy to help’ ad campaign. Frankly, potential customers looking to port in to Vodafone, on reading this, might think twice.

Note: While the details of what exactly led Vodafone to send a legal notice are not known, it is alleged that Valia made calls to senior Vodafone executives, and wasn’t particularly polite to “customer care” executives; that’s something which we don’t condone.

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  • Rohit Garoo

    I can understand the agony of Mr.Dhaval Valia. What he has done is justified. Off late Vodafone has been treating customers like dust on their clothes. I have myself experienced this when i had an argument with a Vodafone call executive when they kept disturbing me with promotional calls. When i called him back he spoke in an extremely arrogant manner. He went till the extent of saying ‘Why are you then using Vodafone’. I thought of complaining about this matter to some senior official but didn’t know how. Similar frustration is what being faced by Mr.Dhaval Vadi that has transformed into a rage. If this continues i am quite sure Vodafone will continue falling down the ranks at least in India.

  • vija

    Mr. Nixxin – you can definitely add your experience as well. Even I feel like abusng my airtel manager for over charging and the harrassing VAS callls. I think they shud also publish the mobile numbers of all the OBD company CEOs to give them the feel of their own “CONSUMER EXPERIENCE” :D

  • FruitVendor

    I think Dhwal Valia will symbolise the same what fruit vendor from Egypt equivalent for the indian vas industry.
    I hope the court case and police compaliants are filed. 
    Let the courts debate each and every point of the case.
    Let dhawal get a chance to tell the people why he abused the customer care.
    I would want the vodafone executives to get one call for each 100,000 OBD in their system. Even to handle that one call they will need an army of people. 
    I had heard one CEO of VAS company promoting campagin for consumers to increase balance. Why would any customer keep balance more than few Rupees.
    I don;t know about you Nikhil, but I fell of the chair when I heard something called step-up charging mechanism by operarors like Tata. Hereis how it works:
    If the VAS company wants to sell you a CRBT for Rs.30(30days) and the poor fellow has just 10Rs as balance, the VAS company can go ahead and query the balance of the user and charge even 7rs for 7 days.

    As a consumer can I demand that if “Star to copy” exists, why not offer “Hash # to unsubscribe”.

    The mafia rule of AnyKeySubscription has to go ..has to go …

  • http://twitter.com/apurva15 apurva saxena

     Could relate to few issues completely ! specially  when they block our calls after 3rd time …
    And the points about 3G connectivity is definitely right in Delhi/Ncr region..

  • http://www.facebook.com/ashish.bahl Ashish Bahl

    Vodafone in my case also is repeated offender. When on 4th
    of feb, 2011, when i had issued a legal notice to company’s Delhi
    office as well as head office in mumbai, the company never cared to reply to
    that. Firstly i thought it was just like another tactical move by the company
    where they usually not reply to the legal notices issued by clients for lack in
    service but i realized just next month in march when again my signatures were
    forged on bill. this was going on since last 8 months where my bills were not
    delivered at my place where as my signatures were forged on POD of bills.
    repeated complaints to CCare, nodal, appellate authority were proving futile. They
    even didn’t replied to my mails send to them. have all the mail proofs and
    acknowledgements.

     

    till now i was just planning to go in consumer court against
    the company, but now after reading this case, i am most certain to file a
    criminal case as well against the company officials who despite receiving my
    complaints of forging signatures failed to rectify that. let see where company
    officials hide behind the legal warrants for forging the signatures….

  • Fun2

    All operators have same issue. Thanks to medianama fr highlighting. OBD companies like 197 shld be banned fr making vAs a comolete Ass. These people hv killed vas with their greed

  • Pradeep

    This is not just about Vodafone. It is the story of every telecom operator. All of them are so bogged down in acquiring customers that they forget that the existing ones are suffering. Last week I made a call to the customer care and it took me 30 minutes to get across and all of these minutes were charged. After gettting across this did not solve my problem. I had to anyways go to the store that for weird reasons closes at 7 and at any point in time has over 25 people waiting in line.

    My entire family uses Vodafone. We did not want to change cause this is probably the story of every operator. I think we have to live with it or fight it out with all of them. TRAI – wake up!

  • Ramesh P

    I wonder why medianama has mentioned what Valie “allegedly” did and has been so quick to “not condone” Valia’s behaviour – while they have not said a word about the bad service., Or is that something you condone? Or is it because vodafone advertises on your site? 

  • http://www.medianama.com Nikhil Pahwa

    we’ve criticised the service. read ‘our take’ again. also, vodafone doesn’t advertise with us. 

  • Salkhan

    @a25017d1395d26e4e445248353852560:disqus 
    Poor Nikhil himself is a vicitim. I can’t find anywhere he supporting the large corporation. I agree that mr valia must have done something really nasty to tick off the VF management. I can’t find any other better reason  to figure out why VF chose to shoot themsevlves in foot. The zzooozzoooes are all flying away. Next one VF will sue is twitter for allowing someone to create an account like this: 
    https://twitter.com/#!/ChodafoneIN

  • http://twitter.com/KunalWalia Kunal Walia

    Being “impolite” may not be “morally right” but its harder still for it to be described as being “legally wrong”. Libel is a very hard thing to prove under Indian laws. Any complainant would normally be required to attend every court proceeding personally to get the case to move through trial.

    For Vodafone to threaten this is relatively easy. For them to prove this however, would be exceptionally difficult. Mr. Valia on the other hand should sue them for defamation through making their notice public and commenting publicly on their threatened legal action resulting in loss of prestige.

  • Oldmonk

    vodafone is the worst operator I have ever had to use; they billed me for 2 years for 3 way conference calling and Netconnect but I never got the GPRS settings nor the 3 way calling activated so I could not use them..despite numerous calls where NONE of their service reps could help me with settings for a palm treo i FINALLY GAVE UP AND BOUGHT A NEW PHONE…THEY ALSO OVERCHARGE AND CHEAT AS WELL AS HARASS CUSTOMERS ABOUT PHONE BILLS PAYMENTS ON TIME. I really want to sue all the telcos since they are all screwing the customers in India, you should see how orange ie vodafone uk other countries operate..they never call and ask a customer when the bill is being paid, if it’s late, a late charge is levied..simple. indian telcos will learn with mobile portability…we all plan to switch from vodafone to local reliance or even bsnl..at least my money is not going to some crappy MNC.

  • Raghav

    if you want to complaint to senior people @ vodafone, here are their contact details:

    marten.pieters@vodafone.com, vittorio.colao@vodafone.com, samaresh.parida@vodafone.com, tv.ramachandran@vodafone.com, kumar.ramanathan@vodafone.com

  • Dhavalv

    Hi nikhil and team i have sent the legal notice from Vodafone and my counter notice to anupam. I have put up the same on facebook. In case you don’t foresee any legal liability you may want to put it up on your website.
    Will also put it up on the public group Vodafone India the unofficial pages for a larger number of people to see.
    Yours is one of the best analyses i have seen on the matter.

  • observer

    //////////////////////////////////////////////////////////
    indians have a habit of behaving carelessly and harassing not just customers but other people in general (even when walking in a mall or on the street) … the almost inexistent judicial system+liability and the lack of knowledge of laws has made this behavior prevelant everywhere and is also socially justified (from the doer’s perspective side : cuz everyone is doing it) ; it is also socially allowed (indians are used to getting oppressed, if you ask an indian why things aren’t being questioned you get told : JAISA DESH, VAISA VESH)
    //////////////////////////////////////////////////////////

  • obsever

    //////////////////////////////////////////////////////////
    indians have a habit of behaving carelessly and harassing not just customers but other people in general (even when walking in a mall or on the street) … the almost inexistent judicial system+liability and the lack of knowledge of laws has made this behavior prevelant everywhere and is also socially justified (from the doer’s perspective side : cuz everyone is doing it) ; it is also socially allowed (indians are used to getting oppressed, if you ask an indian why things aren’t being questioned you get told : JAISA DESH, VAISA VESH)
    //////////////////////////////////////////////////////////

  • http://twitter.com/dotmanish Manish Malik

    Update: As per news post in today’s ET, Vodafone has withdrawn the notice in ‘good faith’.

    http://m.economictimes.com/PDAET/articleshow/8896218.cms

  • raman

    A consumer should not communicate via e mail, should not say anything what he suffers but must pay all bills regularly? Telecom operators must exhibit transparency in all matters like billing,attending complaints etc. All telecom companies must be ready to attend subscriber complaints whether sent by e-mail or orally. 

  • Kais

    Try staying in Navi Mumbai and try being on Vodafone 3G. And when it does not work – try haggling with them. I have banged my head against their wall known as customer care. I have simply one solution. Leave.

    I am told Airtel and Dolfin have fabulous WCDMA coverages there.