Judge asks MTS to Prove 9.8Mbps Claims in the courtroom


Isn't this Judge Really Awesome?

  • Yep.. We need more like him

    Votes: 50 96.2%
  • Na..

    Votes: 2 3.8%

  • Total voters
    52
  • Poll closed .

swatkats

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The Delhi High Court on Friday asked Sistema Shyam Teleservices Ltd (SSTL), which provides high speed internet under the name MTS, to bring their "equipment" on Monday to test their claim that they provide speeds upto 9.8 Mbps.

Justice Vibhu Bakhru decided to undertake the exercise as he felt that the Advertising Standards Council of India (ASCI) was "right" in holding as "misleading" Sistema's commercial that it provides speeds up to 9.8 Megabits per second (Mbps).

"I think they (ASCI) are right. The speed of 9.8 Mbps is available only in test conditions," the judge said and asked the company to bring its equipment post-lunch to test its speed in the court premises.

However, as the counsel for SSTL claimed inability to come after lunch, the court posted the matter for Monday. SSTL contended before the court that it only claims to provide speed "upto" 9.8 Mbps.

"This is how misleading advertisements are made," the court said in response.

The judge also jokingly observed that the speed the company claims to offer may be available only around midnight and that too under the mobile tower.

Additional Solicitor General (ASG) Sanjay Jain contended there was no error in the order of the ASCI's Consumer Complaints Commission and that it had the statutory authority and jurisdiction to issue the same.

He also argued that the speeds MTS claims to offer are available only under test conditions and at late hours in the night and not always.

SSTL in its plea has contended that ASCI has not considered any material put forward by it. ASCI had in its order of November 29 asked SSTL to either suspend or modify, by December 10, its advertisement that its internet provides speeds of upto 9.8 Mbps.

The company has challenged ASCI's order.


http://www.hindustantimes.com/india-news/delhi-hc-to-test-mts-internet-speed-claims/article1-1295921.aspx
 

psyph3r

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Awesome indeed, about time someone called these companies out on all their false claims.
They should check for mobile towers in a 2km radius though before the test :p
 

Michael Simeonovitch

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The Delhi High Court on Friday asked Sistema Shyam Teleservices Ltd (SSTL), which provides high speed internet under the name MTS, to bring their "equipment" on Monday to test their claim that they provide speeds upto 9.8 Mbps.

Justice Vibhu Bakhru decided to undertake the exercise as he felt that the Advertising Standards Council of India (ASCI) was "right" in holding as "misleading" Sistema's commercial that it provides speeds up to 9.8 Megabits per second (Mbps).

"I think they (ASCI) are right. The speed of 9.8 Mbps is available only in test conditions," the judge said and asked the company to bring its equipment post-lunch to test its speed in the court premises.

However, as the counsel for SSTL claimed inability to come after lunch, the court posted the matter for Monday. SSTL contended before the court that it only claims to provide speed "upto" 9.8 Mbps.

"This is how misleading advertisements are made," the court said in response.

The judge also jokingly observed that the speed the company claims to offer may be available only around midnight and that too under the mobile tower.

Additional Solicitor General (ASG) Sanjay Jain contended there was no error in the order of the ASCI's Consumer Complaints Commission and that it had the statutory authority and jurisdiction to issue the same.

He also argued that the speeds MTS claims to offer are available only under test conditions and at late hours in the night and not always.

SSTL in its plea has contended that ASCI has not considered any material put forward by it. ASCI had in its order of November 29 asked SSTL to either suspend or modify, by December 10, its advertisement that its internet provides speeds of upto 9.8 Mbps.

The company has challenged ASCI's order.


http://www.hindustantimes.com/india-news/delhi-hc-to-test-mts-internet-speed-claims/article1-1295921.aspx


Sometimes the stupidity of the people at Techenclave amazes me.
The post clearly says jokingly,and yet the poll results say the opposite.
 

Lord Nemesis

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^^

Justice Vibhu Bakhru decided to undertake the exercise as he felt that the Advertising Standards Council of India (ASCI) was "right" in holding as "misleading" Sistema's commercial that it provides speeds up to 9.8 Megabits per second (Mbps).

"I think they (ASCI) are right. The speed of 9.8 Mbps is available only in test conditions," the judge said and asked the company to bring its equipment post-lunch to test its speed in the court premises.

However, as the counsel for SSTL claimed inability to come after lunch, the court posted the matter for Monday. SSTL contended before the court that it only claims to provide speed "upto" 9.8 Mbps.

"This is how misleading advertisements are made," the court said in response.
The judge also jokingly observed that the speed the company claims to offer may be available only around midnight and that too under the mobile tower.
The judge didn't 'jokingly' order MTS to bring equipment and prove the claims
The thing he said 'jokingly' was that the speeds offered would not be available to anybody in practicality. In short, he was mocking MTS over their claims.

Both are not one and same.
 

swatkats

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Judge was indeed mocking MTS asking whether they should be using the connection under the tower in the night to get advertised speeds.
The poll was regarding "Do we need more such Judges in the future because most of the judges are not even aware of technological terms" When we are comparing to US Courts who have good grip over technology.

Apologies for 2nd option, it should be Just Na.. (Copy paste went wrong), would be great if mods edit it.

Sometimes i fail to understand.. Why people post unnecessary lame comments on TE.
 
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avi

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+1 to judge. Keep trolling these telcos and make them responsible for their false claims.

I voted yes for the poll. The judge is like me :p
 

Crapmypants

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They should have some simple regulations such as:
1. if a certain speed is claimed then that speed must be met for at least some % of the day.
2. advertising should list AVERAGE speeds (i.e. speed over the course of a day) like how a cars avg. km/l uses both city and highway conditions.
 

vyral_143

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1. if a certain speed is claimed then that speed must be met for at least some % of the day.
IIRC, there was a rule that actual speed should be minimum 80% of claimed/advertised speed. I m not sure it was only for wired broadband or not.
 

swatkats

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Crapmypants

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80% promised speed to the ISP server. Wireless have different conditions
http://www.hindustantimes.com/busin...-for-80-usage-time-trai/article1-1245112.aspx
We all know they are not meeting even the minimum speeds. If a case is presented in a consumer forum or court, is there any way i can gather and give acceptable evidence?
Because if i can, i'm going to file one against them all and as compensation i'm going to ask for the court to issue an affidavit that states '<insert isp> sucks monkey****s'. Make it official, you know.
 

swatkats

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Now what happened finally ?.
The Delhi High Court has declined to set aside the Advertising Standards Council of India's (ASCI) order directing telecom major Sistema Shyam to modify its commercial claiming that its MTS internet service provides speed upto 9.8 Megabits per second (Mbps), saying the direction was not "unreasonable".
Justice Vibhu Bakhru has given Sistema Shyam Teleservices Ltd (SSTL) four weeks time to comply with ASCI's order which on November 29 had asked the telecom company to either suspend or modify, by December 10, its advertisement that its internet provides speeds of upto 9.8 Mbps.


ASCI had also held the MTS commercial as "misleading". "The limited scope of judicial review is whether the stand taken by respondent (ASCI) is perverse or unreasonable. I am unable to accept that the decision of the ASCI fails the aforesaid tests.

"It is quite probable that any person who would read or view advertisements containing aforesaid claims, may not be able to assess or infer that such speeds are available only in ideal conditions...

"Therefore, the decision of ASCI calling upon the petitioners to modify its advertisement and/or to provide the necessary disclaimer cannot be said to be unreasonable or perverse," the court has said in its December 15 order.

It has also directed ASCI to "examine and ensure that a uniform policy is followed" so that the same criteria that was used to hold the MTS commercial as misleading be applied for other service providers also.

http://articles.economictimes.indiatimes.com/2014-12-29/news/57494804_1_advertising-standards-council-asci-sistema-shyam-teleservices-ltd
 

Crapmypants

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"Therefore, the decision of ASCI calling upon the petitioners to modify its advertisement and/or to provide the necessary disclaimer cannot be said to be unreasonable or perverse," the court has said in its December 15 order.
These guys will still advertise unrealistic speeds but with a "*conditions apply" disclaimer :grumpy:

@jinvidia : I'm in Bangalore but i don't care, the more the merrier :)
 
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