By speed-post/courier

LEGAL NOTICE

10th July, 2020.

To,

Airfone Pvt Ltd.,

3220, Sector 3, Gurugram,

Haryana – 1100XX ……….Noticee No.1

Mr. Yash,
Advisor, Customer experience,
Airfone Pvt Ltd.
………Noticee No.2

M/s Priya,
Advisor, Customer experience,
AirfonePvt Ltd. …………Noticee No.3

M/s Supraja,
Advisor, Customer experience,
Airfone Pvt Ltd. …………Noticee No.4

Our client:

Mr. Ankit,
1199, Botanical Apartment,
Sector 29, Noida – 201306.

SUBJECT: LEGAL NOTICE FOR PAYMENT OF COMPENSATION FOR

MENTAL HARRASSMENT AND INCONVIENIENCE CAUSED

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Dear Sir(s)/ Ma’am,

We act for and on behalf of our client, who has suffered mental agony and other hardships
due to your irresponsible, unsatisfactory conduct and non fulfillment of duties towards my
client in relation to your Wi-Fi services, a six months package, which he purchased for on 7 th
July 2019. Under the instructions from our client, we hereby serve you upon the following
legal notice in respect of various issues and disputes that have arisen and are detailed
hereinafter.

1. That you the Noticee No. 1 to 4 provided Wi-Fi service, which was a 6 months package
to my client, a law student in Noida. Trusting on the quality and terms of the service my
client made the payment of Rs. 6200/- to avail the same with the ID 01204228355, on 7 th
July, 2019. The service was to be expired on 7th January, 2020.

2. However being unhappy and unsatisfied with the services provided, our client asked
the customer care of your company, to discontinue any further Wi-Fi service from 7 th
January 2020. Despite the request from our client to stop the service, he was served upon
a bill of Rs. 1050/- by your company for the period of 07 January to 07 February, 2020.
To avoid any dispute, he paid the bill for that period on 07 February 2020, vide Ref No.
AF07022019XX.

3. Being ignorant to my client’s grievances and problems, your company sent a mail for
paying another bill of Rs 3551 on 07 March 2020, for the period of 08 February – 07
March 2020, in which the prices were increased unreasonably high. This time our client
being impatient with the irresponsible attitude of yours, did not pay the bill as it was
served for unwanted services and our client being a student cannot afford to pay for
unwanted services and this act of yours is causing unnecessary trouble to my client.

4. On clarification given by my client that the he had already paid the bill for the month of
January, he received an email that he will be soon given a revised bill with lesser amount
and with that any further services will be discontinued. But no such bill was presented to
my client. On 21st March 2020 at 9:00 AM, our client wrote another email to Airphon pvt.
Ltd. to discontinue the services of Airphon broadband showing distress caused due to the
company’s careless attitude towards its clients.

5. In response to mail sent, our client received a positive reply from the advisor of Airphon,
Yash, on the same day at 5:00 PM asking for Airfone ten digits mobile number or Airfone

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 landline number along with the STD Code or DSL id to assist disconnection of Wi-Fi
services. Without causing any delay our client sent reply to mail at 5:10 PM with landline
number 0120-4228355 and mobile number 9717700000. Considering my client’s request
for discontinuing the Wi-Fi service of your company, Mr. Ankit received an email from
Noticee No. 3 in reference to cancellation of the service for his Airfone Fiber account
number 7038070380. The email also provided options to call on 121 to get more details
on cancellation and also shared a link www.airfone.com/help to get easy assistance on the
same.
6. Further, to my client’s astonishment he received another e-mail on the same date i.e., 21 st
March, 2020 at 4:00 PM regarding a due payment of Rs. 3551.98 towards his Airfone
fixedline ID 01204228355 to continue the service.
7. Despite sending emails to Airphon Pvt. Ltd. that how it’s management is harassing my
client and soon he will send legal notice if the company doesn’t comply with his request,
your company served another bill amounting to Rs 4848.48 on my client and alongside
sent an email confirming activation of Safe custody/Number locker facility for his
AirfoneFixedline/Broadband no. 01204228355, w.e.f. 28-Apr-2020.
8. Further on 05 May 2020, my client received another email from noticee no. 4 in regard to
his request for cancellation of the service and the email also stated about the charges of
the safe custody service which was to be in effect for the time period of three months. The
charges included Rs. 500 and 18%Service Tax in his next bill dated 18-05-2020.it also
asked if my client wanted any other service and that safe custody service will
automatically stop after 90 days from the date it came in effect.
9. To add to the hapless condition of my client, he received two emails on 18th May,
2020and 18th June, 2020 charging him for the services provided Rs 5989 and Rs. 6130
respectively. The last bill paid by my client was on 07 th February, 2020. And the careless
attitudes of the Airphone Pvt. Ltd. and all the other Noticee have caused mental agony
and harassment to my client. Irrespective of his several request for discontinuation,
unreasonable charges for unwanted services have been levied on him since March 2020.
10. Bearing in mind your attitude towards your customer, it seems that all requests and calls
made by my client have gone in vain and made no difference to your response. As in
abovementioned paragraph 6 our client had made clear that if Airphon Pvt. Ltd. doesn’t
comply with the request of my client, he will serve legal notice on all the people
responsible.

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11. Therefore, in spite of giving you several opportunities by my client to consider his
problems and rectify the wrong done, all the responses made by you have only brought
disappointment to my client and burst him in anger. We, hereby put you on legal notice
to immediately within 15 days pay compensation to my client of Rs. 25,000/- and also
pay charges for the legal notice as Rs. 5000/-. Any failure from your end in making
payment to my client will constrain him to bring a legal action against you, for Criminal
Breach of Trust under sections 405 and for cheating under sections 415 and 420 of IPC,
for fraud under section 447 and damage for fraud under section 75 of the Companies Act,
2016.

Requiring your compliance please take notice accordingly

Copy retained.

Advocate

Chamber No. 123, Delhi High Court

My client,

Mr. Ankit

“Sd/-”

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