Digi, Sales Agent and Customer

Mike is a student of public institute and major in business administration. One day when he go to hypermarket and was approach by Digi’s agent. The agent promotes him the Digi’s postpaid plan. Mike who is user of prepaid plan attempted to the promotion. Mike was thinking that the fee is affordable and the postpaid will be as a backup when his prepaid line does not have credit. So Mike and the sales agent come to agreement and make a contract. When Mike use the postpaid, he pay the bill every month. As a student Mike does not have income, he only has money from study loan. In the end, Mike decides to not use the postpaid and have outstanding fee of approximately RM200. Mike decide want to terminate the line. However Mike does not inform Digi center about his decision. He just left the postpaid. Nonetheless Digi still charge the fee every month even though he does not use it anymore. One day someone from Digi call Mike to inform him about his outstanding fee. Mike told them he wants to terminate the line. And the caller told Mike, he needs to pay at least 75% of the outstanding which is RM375 since his outstanding fee is RM500. Mike disagree with the caller since he do not use the postpaid and been charge for what he did not use. Mike argues with the caller, why Digi still charge him even though he did not use it. Mike argues Digi should know that when customer did not use it for one month is the signal the customer wants to terminate their service. Thus Digi should terminate automatically their service and inform the customer about the termination and outstanding fee. The caller asks did Mike read the contract before sign it. And the answer is no, the reasons is because the contract is too long to read in short time (since the deal is make at foyer of hypermarket). The caller told Mike that Digi will take an action law against him. And Mike’s name will be blacklist for all telecommunication company in Malaysia. The caller suggest an idea to Mike; Mike need to pay at least RM100 per month. Then Mike ask whether Digi will stop from charge him if he paid RM100 per month and the caller says no, Digi will still charge him. Which mean Mike still paid of what he did not use, if Mike does not settle at least 75% of outstanding fee.

The question is who fault is it? Thus the contract only protect Digi right and not Mike? Is the contract is valid or voidable base on the situation? Is Mike is victims of sales agent?