The Delhi High Court 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.
