RE: NOTICE DEMANDING JUSTICE.
We act for Company 1. Our client has instructed us to serve this notice upon you as follows:
01. That our client is a reputable Internet Service Provider (ISP) having substantial numbers of subscribers. In order to provide the Internet Service our client has obtained License from the Ministry of Post and Telecommunications of the Government of the People’s Republic of Bangladesh and has been paying license fees to the Government.
02. That our client has obtained telephone lines from COMPANY 1 (COMPANY 1) under the Ministry of Post and Telecommunications. Like other telephone line users of COMPANY 1 our client has been paying Line Rent of Tk. 150.00 only per month against each telephone line of our client.
03. That it may be mentioned here that like our client COMPANY 1 is also providing Internet Service to various subscribers.
04. That after assessment of all cost, expenses and charges payable by our client to various Government authorities including COMPANY 1, our client has fixed the charges to be realised from its various subscribers against availing the Internet Service from our client.
05. That all on a sudden upon approval of the Ministry of Finance vide its Memo No. Ag/Awe/ev-10/5441(6)/98-99/24 dated 24.01.2002 and pursuant to the direction of the Ministry of Post and Telecommunications vide its Memo No. PT/Sec-5/3-6/2001-28 dated 28.01.2002, COMPANY 1 has increased the Line Rent from Tk. 150.00 only to Tk. 1,000.00 only per month for each telephone line used by our client. The increase of Line Rent by COMPANY 1 is not a general increase for all and every telephone line used by various telephone users. COMPANY 1 has increased the Line Rent for the telephone lines used only by our client being an Internet Service Provider. It may mentioned here that the Line Rent for other telephone line users including commercial users have not been increased. The increase of the Line Rent has been made without any rational basis. Such increase of Line Rent is palpably arbitrary, illegal, capricious and in violation of the fundamental right of our client to be equally treated as guaranteed under the Constitution.
06. That the increase of the Line Rent is a malafide action on the part of COMPANY 1 including the Ministry of Post and Telecommunications and the Ministry of Finance and done with an ulterior motive to detriment the business of our client. Such malafide action is evident from the fact that on the one hand COMPANY 1 has increased the Line Rent for the telephone lines used by our client and on the other hand it has reduced the charges for the Internet Service provided by it.
07. The increase of Line Rent by COMPANY 1 cannot be treated to have been made with bona-fide intention to increase the revenue of COMPANY 1. Since COMPANY 1 is in the same business, the increase of Line Rent on the one hand and on the other hand reducing the charges for the Internet Service provided by COMPANY 1 is completely malafide and has been made with an ulterior motive to push our client into an unfair business competition with COMPANY 1.
08. That the sudden increase of Line Rent by COMPANY 1 will compel our client to increase the charges for the Internet Service provided by our client. But since COMPANY 1 has reduced the charges for the Internet Service provided by it, our client cannot increase the charges for the Internet Service provided by our client. Consequently our client has fallen in commercial impediment with regard to its right to profession guaranteed under the Constitution.
09. That the arbitrary and malafide action of COMPANY 1 has threatened to infringe and/or has infringed our client’s fundamental right to profession and is threatening to cause serious injury and damage to our client’s business.
In the premises stated above you are requested to rescind your decision to increase the Line Rent of the telephone lines used by our client and inform us or our client about your compliance within 72 hours of receipt of this notice. Should you fail to comply with the request, our client will be compelled to seek necessary relief against you from the High Court Division of the Supreme Court of Bangladesh in Writ Jurisdiction.
A copy of this notice is kept in our office for future reference.
For: “The Lawyers & Jurists”