Ref: Tata Sky A/c No: 1001376464


Sir,

SUB: GRIEVANCE ON ACCOUNT OF SERIAL ACTS OF CHEATING ,DECEPTIVE AND UNFAIR TRADE PRACTICES OF TATA SKY LTD.

I am the existing customer of Tata Sky – DTH services under Subscriber No. 1001376464 . And for this reason only, I am going through severe mental agony on account of Tata Sky’s consistent unfair trade practices as adopted to cheat its innocent customers. This connection is in the name of my brother “ Gaurav Tripathi”.

I, the undersigned wish to lodge a complaint against Tata Sky Ltd for its inefficient service and unethical practice of harassing the customer. I am reproducing the facts of the case, for your convenience and ready reference.

 Background and Explanation of Inefficient, Deceptive and Unfair Trade Practices of as being followed by Tata Sky Ltd – DTH Division


In the month of August -2010 (second half of the month approx.) services on my Tata Sky connection were down for 15-17 days on the cause of “No Signal and for which I was not able to lodge complaint for 15 days even after making repeated calls to Tata Sky – Call centre, as they hardly take customers calls. I have been on 13-15 minutes waiting period for Tata Sky’s customer care Executive’s mercy, so as to take my call but in vain as finally I has to disconnect the call after long wait which has no end.

As a result of automation , customers are left with only one option to connect to the sevice provider ie; Tata Sky but by these inefficient services , customer fails to get in touch with the complaint cell / call centre to lodge the complaint and get it fixed. Tata Sky so called provides a sms facility also to lodge the complaint in case of ‘No Signal” wherein they are supposed to revert back to customers but in my case , even it didn’t happen after sending no. of messages.
In addition to this customers are provided with facility of dropping their queries/ complaints also …to which they never revert. I tried all the measures to lodge the complaint but no sppport is seeked from Tata Sky.
Finally after repeated trials for long hours after 14 days I managed to get my complaint lock for which Engineer was scheduled to visit after 3 days. On the scheduled day Engineer called me up that he shall be coming to fix the complaint but even he also did not visited. On this I get back to call centre where the customer care executive assured me that engineer shall be visiting at the evening surely. On this ignorance I was so annoyed and asked for contact details of tata Sky’s grievance cell, in order to file complaint for ignorance of tata Sky in servicing the faults timely due to which my account balance was constantly vanishing day by day in exchange of NO Service / usage for no fault of mine. But I was not provided with details of grievance cell rather I was made to hang up the call under assurance that Tata Sky Engineer shall be visiting us at the evening but as very likely he didn’t visit even at the evening.
And to my surprise , next day I received a message from tata Sky that my complaint is attended and closed. And confirm with if you are satisfied or not with the service . Answer in “Y” (in case of Yes) and “N” (in case of No) , This message came as a shock to me observing grave behaviour of cheating and unfair practice of Tata Sky that without servicing they have closed my complaint. On replying “N” I received another message that “N” is errorcode. This way one more malice behaviour is recorded that Tata Sky’s response system is programmed in a manner, where customer can’t lock or revert with dis satisfactory remark even if when he is provided with the option. A big brand “TATA” along with “STAR” as joint venture partner are not supposed to be indulged into such a prudish ground level practice of cheating with retail customers taking the advantage of automation.

This high irresponsibility and fake assurance from Tata Sky once again bounded me to indulge into regress practice of dialing call centre for no of hours and then get connected to lodge the complaint once again. This time I requested customer care executive Mr. Sumit Sharma to disconnect my connection as it is not working for 15-17 days and nobody is here to attend my complaint and by the time my account balance is already vanishing for no reason. On this I was well assured that my account charges shall be reversed for the period my connection was not working and it shall be fixed very next day positively. Still I asked him to provided me with Tata Sky grievance cell no. but once again I was not provided with the same. He assured me so much on the above and asked to wait for one day more.
Next day Engineer visited, and fixed the problem in seconds and left. But my account charges were not reversed as per commitment.

However, it was beyond tolerance when after 5 days , I received a message from the Tata Sky that my account balance is – 184 , whereas I recharged my account 7 days back only while connection was off. Further , I received a call from the tata Sky back end through whom I got to made to know that Tata Sky has deducted an amount of Rs. 350 for Engineer visit. I was shocked to this info. Because :

- firstly I was never told about the said charges priorly (while locking the complaint) and even by the engineer who visited to fix the problem. They silently came and left after fixing the problem without uttering a single word.
- Secondly, tata sky engineer visit is not chargeable (as till date we are never charged with the same neither we are ever updated with the vice versa fact, if any.)
- Next day, Mr. Saahil (tata sky’s support guy) called me to confirm tata sky service wherein I once again shared my grievance of erroneous deduction of Rs 350 for no reason. Here he told me that said amount is deducted as against the Joint chage of set up Box. I could well recall that Engineer has not replaced any part of set up box and told the same to him. On this he reverted his statement and said that these charges are deducted on account of change of your set up box, which I confirmed that even it is not changed. Next day , to over ride the Tata Sky’s deceptive practice and grave act of cheating, he got my set up box changed for no reason when my existing set up box was working well .
I tried to revert him and contact him with my complaint but he didn’t took my call for 2 days and finally I contacted him through tat sky engineer and made him understand about mal practices of tata Sky that :

1. Tata Sky has erroneously deducted my Rs 350 what you started justifying under multiple heads vis. Engineer visit charge (Not Applicable), then against joint change (which was not changed) and later on against Set up box changed which was never changed actually.
2. To fix your act of cheating you got set up box changed for no cause when existing box was working in perfect condition with not even fraction of fault or disparity.
3. Approximately Rs. 180 were already deducted for the period during which No service is provided by tata sky and which were committed to be reversed. Instead they mounted this deduction by additional deduction of Rs.350 under head of set up box change which was not changed at the time of imposition of said charges of Rs. 350.


But instead of acting responsibly Mr. Sahil left the grievance unattended. And on the next day my Tata sky connection was made dormant. Here the regrees harassment by Tata Sky didn’t end when on 06.09.2010, they disconnected services to my tata sky connection for the reason of insufficient balance and which is made insufficient by repetitive deduction of erroneous charges for no cause out of my account WITHOUT MY CONSENT.


B. Concerns


(i) DOT (Dept of Telecom) is a stringent regulatory authority which ensures protection of customer’s interest in the eye of law and order. Tata Sky Ltd is also abide with regulatory guidelines of DOT being part of Telecom Industry, but then how it is widely and comprehensively indulging into deceptive , unfair practices against innocent customers.

(ii) They have repeatedly deducted my account balance which was ensured and recharged by me against subscription charges to maintain uninterrupted TV channels services.
But Tata Sky has deducted its discretionary and deceptively imposed charges out of my account because of irresponsible and ignorant act of tata Sky’s Engineer who has committed mistake and submitted erroneous report of set up box change (which was never changed).

And most important, no dealer or service provider has any right in law to impose some charges on customer without his consent. If some services are subject to charges then Dealer is supposed to tell in advance that said services are chargeable. And said services are provided ONLY IN CASE, customers consents to the same. In my case I was neither told in advance, nor at the time of fixation. It is not even informed to me later on …rather they deceptively deducted my account balance. It came to me as a shock when I received alarming message to once again recharge my tata Sky account within a period of 5 days again because TATA Sky has deduted 350 bucks at their own choice under no justification or intimation. Leaving my consent behind they have not even told me after deduction of charges out my own account and that tooo without my consent.

I would like to ask that who has authorized them to deduct my account balance. If any services are chargeable it is supposed to be informed at call centre first at the tme call is locked and secondly when Engineer visits the location before undertaking the fixation of problem. Engineer is supposed to deliver the service only after ensuring Customer’s convenience and willingness to avail said paid services.

In these cases, as per legal approach, a customer is ALWAYS supposed to be informed in advance about the prospective charges of the service, if any exists. But Tata Sky intentionally restrained to do it so as to earn quick money out of ignorant customers by cheating them in this and similar manner.

In continuation to above , I would like to further bring to your notice that, incidental to above practice and activities Tata Sky Ltd is at ‘Deficiency in services’ under Section 2(g) of Consumer Protection Act,1986 and also falls under the category of “Unfair Trade Practice” under Sec. 2 ( r) of the Consumer Protection Act,1986. In addition to this its activities are also actionable for CHEATING as per Sec. 420 of Indian Penal Code.

In view of above, I am actually undergoing through a severe mental agony, harassments and financial loss (on repeated long standing calls at TATA Sky call centre, which are made to listen waiting tune only along with erroneous and multiple deduction of Rs. 550 in the process of taking follow ups with regard to the subject matter mentioned above from tata Sky. Due to this I also has to spent my important piece of time bear additional cost in availing another mobile connection for me. This whole episode has actually taken peace of my day and night. Because of Tata Sky’s ill practices my mother is at sufferance who is on bed rest and for her TV programmes are the sole entertainments.

With this deceitful experience of Tata Sky’s practices now I could well evaluate that why till date even after consistent efforts to promote DTH in Indian market, still cable TV occupies 80% share of the market.

Tata Sky Ltd is under the flagship of TATA with 85% holding and 15% holding of STAR Tv which are considered to be brand in themselves. And its actually a set back to see their malicious operational practices where on one hand they flaunt themselves to be ISO certified . But on the ground operations, they are practicing live cheating and malicious acts to earn quick money. This venture is actually spoiling the independent brand image of TATA & STAR.
These ill practices by Tata Sky Ltd are also mocking the administrative and regulatory functions of DOT.

At the final note I just want to humbly request you to kindly look into the matter on urgent and facilitate to take corrective measure.
Now, I am really tired off following the Tata Sky Ltd and hence, this time I am moving forward to place my written grievance on the portal before moving to Consumer forum.

I request your immediate attention on the above and trust that the matter would be resolved.

Thank You in anticipation.

Regards:
Garima Tripathi
# 9717799370