July 23, 2004
SMS not sent: Hutch told to pay up
Believe it or not, this lawsuit was not filed in America, but in India. via Delhi Newsline.
"In July last year, Gupta tried to download ringtones through his Hutch phone (No. 9811525341). He failed to receive a tone despite sending repeated messages to a four digit number. Although, Hutch is one of the service providers supporting the service, he complained that not only did he not receive the tones but also Hutch deleted Rs 45 from his account.
Hutch filed a reply saying that in such cases, the charges are levied by ringtone providers such Indiatimes and Yahoo and that it cannot be held responsible for deficiency of service on their part. The court, however, dismissed this argument and pointed out that the customer's contract is with the service provider and not with its associates.
The court order Hutch to pay Rs 30,000 ($ 648.-) compensation for mental agony and harassment after it charged one of its customers for undelivered short messages (SMS)".
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