BSNL: Is it monopolised as per law?

I am seriously thinking of taking my complaint to Monopolies and Restrictive Trade Practices Commision. I am sick and tired of “representations”, mailing and “prostrating” before these bloody new age demi Gods, who feel that they have the divine right to hoard up bandwidth and give us such a crappy service.

I am sick of counting my bytes, day in day out. Whatever I wish to surf, the whole thing is logged by some creep sitting with the server. Repeated mails draws in no response. Neither the Public Grievances mechanism is functional despite UPA Government coming out with full page advertisements in the leading dailies. Surprisingly, you would see so many adverts from Ministry of Consumer Affairs. They are at pains to point out the “consumer rights”. Actual implementation fails sorely.

One thing that has been keeping me away from filing a full fledged legal suit is time and resources. I would stick on to this like a flea on a dog and pursue the whole matter to it’s logical conclusion. Still, there is no hope at the moment. I am under no grand illusion that I can change the system. 50 years and it hasn’t. But surely these people deserve more than a rap on their knuckles. There ought to be some accountability! For God’s sake!

It’s clear that BSNL’s Broadband is a monopoly. Indeed. However, how do we explain it in legal terms?

This particular section of the Monopolies and Restrictive Trade Practices Commision law is taken from some website and states:

Misleading advertisement and False Representation

Falsely representing that goods and services are of a particular standard, quality, grade, composition or style.

Falsely representing any second hand renovated or old goods as new.

Representing that goods or services, seller or supplier have a sponsorship, approval or affiliation which they do not have.

Making a false or misleading representation concerning need for, or usefulness of goods or services.

Giving to public any warranty, guarantee of performance that is not based on an adequate test or making to public a representation which purports to be such a guarantee or warranty.

False and misleading claims with respect to the price of goods or services.

Giving false or misleading facts disparaging the goods, services or trade of another person or concern.

Under what heading or grounds I can make a representation to the Commision? Just that my ISP doesn’t permit more than 1 GB of upload/download? Or charging Rs 1.20p for every subsequent MB? How much does it charge them to provide the services anyway?

One way out could be via Right to Information act. Though, who wants to step in the smelly dungy bylanes infested with clerks? I just balk at entering any office unless absolutely essential. Or this gets highlighted in the mainstream media. Seriously. The very thought of media with it’s spy cams sends shivers down their spines. No one wants to be highlighted or made a scape goat. It can work but is ANYONE LISTENING? I am ready to write in, “suggest” but please highlight this hassle with access. Or mainstream media can get some “soundbytes” while I refute their claims. That would be great! I seriously want to lampoon the chap who claims that you need a Pentium 4 based PC to run BSNL broadband. Old timers here know that he is in the Techwhack “Hall of Fame”!

So, I would be thankful in case anyone illuminates me about the merits of the case; I am ready to pursue the complaint only if I have a strong prima facie evidence.

For it’s size, BSNL does have a legal department and I don’t want to give any lawyer enough reasons to exercise his/her legalese on me. Once I am convinced I am right, there is no stopping from putting up a brave fight. Life’s trials and tribulations!

Is there no way to make them accountable?

Are we emasculated to such an extent that bing radical is taken as an aberration?