Dear XXX,

I have been your customer since I own my first mobile phone (you can check my prepaid number XXX). Last year I further subscribed to your postpaid services (XXX). Then this year, it’s time to change a new phone and the first telco I thought of is naturally Maxis.

I went to your Maxis Centre in Warisan Square, Kota Kinabalu on 23/01/2013, with intent to get an iphone5 (32gb) with one of your X packages. I made a mistake picking X2 plan at RM155 a month as I didn’t realise the so called free “local SMS” is limited to X-X only. I went back to your X Centre on 26/01/2013 (as 24th was a public holiday), asking your staff there whether I could have the package downgraded to X1 plan. First of all, I have not been able to use the iphone yet because your staff has given me the wrong sim card (for prepaid not for postpaid), so I thought my X2 has not been activated yet.

But I was later told that there is already a contract, and I CANNOT terminate it. I point out to your staff that it was on your online brochure that your terms and conditions no 6 stipulated as such: Downgrade of rate plans will be subjected to penalty. So I politely ask your staff to just find out for me how much penalty I need to pay, because I seriously don’t think X2 plan suit me anymore as I make more sms to non X users (sorry to say this but X is not so popular amongst my friends) AND I will pay whatever penalty to amend my mistake.

I was appalled when the penalty come up to RM1,250 which your staff generated from your X system!

First of all, I am not cancelling my service with X, merely trying to make right a mistake I made two days ago (one of the day were public holiday). Secondly, I have yet to use the package with my iphone (as your staff gave me the wrong card). All I am requesting is to amend the mistake I made and I am willing to pay whatever REASONABLE penalty for my mistake BUT I sincerely believe RM1,250 is not reasonable and if I may say so, is unlawful.

I am a lawyer. As far as I know, when there is a breach of contract, the party in breach has to pay compensation to the other party at a reasonable rate of interest for the LOSS suffered. Your X2 plan is at RM155 while your X1 plan is at RM100. Basically your lost of profit is RM55 x 24 months = RM1,350. Compare that to the penalty of RM1,250 + RM100 admin fee = RM1,350. Your penalty imposed is in effect saying the party in breach CANNOT DOWNGRADE AT ALL. If so, you should have mentioned so in your brochure instead of stating Downgrade of rate plans will be subjected to penalty! (Without informing how you calculate your penalty as well). This if I may say, has rendered the contract vague and unfair to the other contracting party.

Furthermore, I believe, in a contract, the quantum of loss of profit is deduced by a maximum of 10% of whatever loss of profit the party in breach has caused. In this case, it would be 10% of RM1,350 ie RM135 not a staggering RM1,250 as your system has generated.

I therefore write to you to appeal for my situation and hope that this matter can be and will be solved amicably. I am willing to pay a reasonable penalty to downgrade to X1 and if be most grateful if the penalty could be waived as my real intention is just to amend a mistake I made and I have come to you as soon as I can about it.

Hope to hear from you soon.

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