Lawyers explained whether subscribers can get a recalculation of their mobile service charges.
A man from Tula became concerned about the issue of unfair charges. Thirty-six-year-old Mikhail Salnikov wrote a pre-trial claim to the operator in which he set out his dissatisfaction and demanded that the subscription fee be reduced by 50% from May through July. Over three months the Tula resident paid 1,620 rubles, and the mobile operator promptly returned 810 rubles to the man, reports Moya Sloboda.
We, for our part, decided to ask experts what residents of Kirov can do in this situation and whether it is fair to demand compensation for damages from operators, as was the case with the aforementioned Tula resident.
Lawyer Yaroslav Mikhailov:
"To demand a refund, you must contact the mobile operator with a complaint in which you explain the essence of the problem and propose compensation (reduce the tariff, return the money).
The consumer pays for specific services; meanwhile, the operator knows that the problem exists. And despite its advertising, in which many promises are made, it cannot guarantee and ensure this, misleading the user.
We propose the following course of action: 1) a pre-trial claim to the mobile operator; 2) complaints to Rospotrebnadzor and Roskomnadzor, and to the Federal Antimonopoly Service (for misleading advertising); 3) a lawsuit in court for violation of consumer rights."
Lawyer Yan Chebotarev:
"A consumer has the right to demand a recalculation of charges for communication services if the restrictions occurred due to the operator's fault, for example, because of equipment failure or a line fault. In such cases the operator is obliged to compensate part of the costs for the period when the client could not use the internet.
However, if access was restricted for reasons beyond the operator's control, such as to perform tasks related to ensuring state or public security, expecting a refund is virtually impossible. In such situations restrictions are imposed in the interests of security, while the operator still continues to bear the costs of maintaining and servicing equipment that remains operational.
Thus, compensation is possible only if the operator is at fault, and when restrictions occur for reasons beyond the operator's control — demanding a recalculation is futile."
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Lawyers explained whether subscribers can get a recalculation of their mobile service charges.
Across Russia now, including in Kirov, mobile internet is being actively jammed for security reasons. Many Kirov residents quite rightly ask — shouldn't mobile operators, given the impossibility of using their services in full, recalculate charges and refund part of the money paid for their plans?