[Resolved]  Tata Sky — Tata Sky charge for sub-standard defective Digicomp and service charges which is illegal

Address:

Kapurthala, Punjab

----- Original Message -----
From: rajneesh madhok
To: [protected]@tatasky.com ; [protected]@tatasky.com ; TATA SKY
Sent: Sunday, August 14, 2011 4:31 PM
Subject: Tata Sky charge for sub-standard defective Digicomp and Service charges which is illegal & against the provisions of Consumer Protection Act, 1986


To August 14, 2011
Sh. Vikram Kaushik,
Tata Sky Ltd,
Subject: Claim in damages for Defective goods ; Consumer already paid price of Digicomp four months back to TATA SKY, Company charge for Sub-standard Defective goods and Service Charges which is illegal and against the provisions of the Consumer Protection Act, 1986
Sir,
I regret to inform you that On April 21, 2011, I got the Digicomp changed after several representations, and today on August 14, 2011 in less than 4 months of change of Digicomp your Service Engineer tells that the Digicomp is defective and it should be changed.
Sir 4 months back I have paid charges for the same, previously your service engineer had installed the second hand digicomp with very worst condition which after so many representations had been changed.
The company is providing such a sub-standard quality products that the consumer keep on waiting for the quality from TATA, the reputation that TATA has earned in so many years.
Sir, for how much period I keep on suffer from the sub-standard quality products purchased by your company from China, and secondly on complaint providing second hand set top boxes to the customers those get defective within three-months of installation.
Prayer:
1. It is being prayed to provide Digicomp free of cost and the charges levied on the consumer regarding Service Engineer's visit should be waived due to the defective goods supplied by TATA SKY.
2. Stand by Set top box should be provided to the consumer till the New Set top box has not been arranged.
3. It is due to the negligence of the TATA SKY that the consumer is deprived of the facility to view the channels for which he has paid in advance. In the absence of not providing facility the consumer kindly be compensated for the days the consumer is deprived of viewing the programmes for which he has paid to the company.
4. The complaint kindly be resolved within 2 days from the lodging of complaint beofe the company.
5. In the absence of resolving the complaint within the stipulated time period the consumer will be costraint to file the complaint under Section 13 of the provisions of Consumer Protection Act, 1986. Kindly look in to the provisions of Consumer Protection Act, 1986 which are reproduced as under and get the replacement of Defective Set top box without any charge due to the following reasons:
"(f) "defect" means any fault, imperfection or shortcoming in quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods."

"(g) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;"

"(nn) "restrictive trade practice" means any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as a condition precedent for buying, hiring or availing of other goods or services"

"(r) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely :-

(1) the practice of making any statement, whether orally or in writing or by visible representation which, -

(i) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;

(ii) falsely represents that the services are of a particular standard, quality or grade;

(iii) falsely represents any re-built, second-hand, re-novated, reconditioned or old goods as new goods;

(iv) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;

(v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;

(vi) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;

(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof; provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence.

(viii) makes to the public a representation in a form that purports to be -

(i) a warranty or guarantee of a product or of any goods or services; or

(ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result,

if such purported warrant or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out;

(ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purposes, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant markets unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;

(x) gives false or misleading facts disparaging the goods, services or trade of another person.

Explanation. - For the purpose of clause (1), a statement that is -

(a) expressed on an article offered or displayed for sale, or on its wrapper or container; or

(b) expressed on anything attached to, inserted in, or accompanying an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or

(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public,

shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;

Due to the above mentoned reasons i request to the Hon'ble Authorities to kindly provide Service as per the provisions of the Act and oblige to avoid further litigation in the matter.

Thanking you,

Yours Sincerely,

Rajneesh Madhok, B-xxx/63, Nehru Nagar, St. No. 2, Railway Road, Phagwara-144401 (Pb)

Ph:[protected]O), 268210 (R),[protected]M)

Tele-fax:[protected], E-mail: [protected]@bsnl.in ; [protected]@yahoo.com

TATA SKY LTD Complaints - Negligence of breach of trust by Tata Sky
View all TATA SKY LTD complaints
TATA SKY LTD

Location: Phagwara, Kapurthala, Punjab,India


To
Sh. Vikram Kaushik
rajneesh madhok on Apr 21, 2011


Negligence of breach of trust by Tata Sky
----- Original Message -----
From: rajneesh madhok
To: [protected]@tatasky.com
Sent: Thursday, April 21, 2011 6:34 PM
Subject: Fw: Negligence of breach of trust by Tata Sky


To
Sh. Vikram mehra,
Tata Sky Ltd,
----- Original Message -----
From: rajneesh madhok
To: [protected]@tatasky.com
Sent: Thursday, April 21, 2011 6:30 PM
Subject: Fw: Negligence of breach of trust by Tata Sky


To
The Nodal Officer of Punjab,
Tata Sky Ltd,
E-46, Eltop Industrial Area,
Phase-8,
Mohal (S.A.S. Nagar)
Ph:[protected],
----- Original Message -----
From: rajneesh madhok
To: [protected]@tatasky.com
Sent: Thursday, April 21, 2011 6:24 PM
Subject: Fw: Negligence of breach of trust by Tata Sky


To
Mr. Vikram Kaushik, CEO,
Tata Sky Ltd,
Mumbai
----- Original Message -----
From: rajneesh madhok
To: TATA SKY
Sent: Thursday, April 21, 2011 6:21 PM
Subject: Negligence of breach of trust by Tata Sky


To
The Managing Director,
Tata Sky Ltd,
3rd Floor, Bombay Dyeing A.O. Building,
Pandurang Budhakar Marg, Worli,
Mumbai-400025

SUBSCRIBER I.D. [protected]
Sub: Negligence of breach of trust by Tata Sky
Tata Sky promised to replace the Set top Box with new Box. As one week’s time has been taken by the company’s Nodal officer to get the needful. The company’s executive keep on giving false promises that the box will be replaced today.

Got call from executive from +[protected] on 20/04/2011 at 11:23 A.M. and promised that our Set top box will be replaced with a new box.
The company’s technician came with the Set top box, the same set top box which has been having the fault ---off and on, i.e. the Power of the Set top box sometimes is on and sometimes off. This problem is from the very first day of the installation of the set top box. With same box the technician came and installed, though before installation my wife pointed out that this is the old set top box and is the same box which the technician has taken with him.
The company’s technician installed the same set top box and again the same problem that Power is not coming in the box, he declared. Then made various calls to the senior officials of the company and left with taking away the same box.
Tata Sky is befooling the consumer by installing the SECOND HAND REPAIRED SET TOP BOX AND CHARGED FROM CONSUMER RS 350 + RS 150 = Rs 500/- What other charges Tata Sky levied on the consumers are unnumbered.
The discretions of Tata Sky to charge from the consumers will be challenged in Consumer Disputes Redressal Forum. The existence of this discretionary powers to deduct from the consumers account is UNFAIR TRADE PRACTICES ADOPTED BY TATA SKY AND PROVIDING AGAIN AND AGAIN THE SECOND HAND AND DEFECTIVE SET TOP BOX AFTER MAKING PROMISES IS AGAIN DEFICIENCY IN SERVICE.
I was happy to deal with Tata Sky due to the reputation of Sir Ratan Tata but unknowing the bitter consequences of the services and befooling attitude of Tata Sky personnels.
I have never expected such ruthless, reckless, negligence and breach of trust from the reputed company of Tata’s. Though due to their fault I tried to sort out the problem by making payment. After deducting the amount from my account the company provided financial loss, harassed me and made breach of trust due to its service, due to which the consumer has to get severe stress and mental agony.
This is very sour experience from Tata Sky.


Due to the above mentioned circumstances the Consumer has no other alternate than to file the complaint before the Consumer Disputes Redressal Forum.

Thanking you,

Yours faithfully,

Rajneesh madhok,

B-xxx/63, Nehru Nagar,

St. No. 2, Railway Road,

Phagwara-144401 (Pb)

Ph:[protected]O), 268210 (R),[protected]

Tele-fax:[protected], E-mail: [protected]@bsnl.in; [protected]@yahoo.com

----- Original Message -----
From: rajneesh madhok
To: TATA SKY
Sent: Friday, April 08, 2011 10:16 PM
Subject: Notice under Consumer Protection Act, 1986


BY SPEED POST
To
The Managing Director,
Tata Sky Ltd,
3rd Floor, Bombay Dyeing A.O. Building,
Pandurang Budhakar Marg, Worli,
Mumbai-400025

Sub: Notice under Consumer Protection Act, 1986
Sir,
"Act no. 62 of 2002 seeks to amend Section 14 to empower the District Forum if it is satisfied that the allegations contained in the complaint are proved, also to issue orders directing the opposite party, inter alia, to pay punitive damages, cease manufacture of hazardous goods and desist from offering services which are hazardous in nature, pay such sum not less than five per cent , of the value of defective goods sold or services provided where loss or injury has been suffered by a large number of consumers who are not conveniently identifiable"
The service engineer installed second hand a very rough condition Digicomp at the consumer place with exchange of consumer's digicomp. When the consumer objected the engineer said that we provide replacement of old digicomps, your digicomp will be repaired and we shall install it to the other consumer. What a great service TATA SKY is providing to its consumers.
Kindly don't dodge consumers. When the consumer has agreed to pay Rs 350/= as per the demand from Tata Sky. Then why Tata Sky is playing gimmicks by installing second hand and repaired digicomp and charge for new one in lieu of replacement.
As Service Engineer says that Tata Sky don't provide New Digicomp for replacement and so you will have to lodge your request with the consumer care executive. The said digicomp will be supplied from Bangalore/ Mumbai office and it will take more than one month to reach to our destination if it is the quickest response otherwise it may take say more than six months.
What a great company Tata Sky and What a great After Sales Service?
If TATA Sky failed to replace my Digicomp within three days i.e. up to 11th of April and refund the money charged from the consumer due to deficiency in Service. Then the consumer will be constrained to file the complaint before the Consumer Disputes Redressal Forum, Kapurthala for redressal of grievances and will demand compensation for the mental and physical harassment and deficiency in Service.
Thanking you,
Yours faithfully,
Rajneesh Madhok


----- Original Message -----
From: rajneesh madhok
To: TATA SKY
Sent: Friday, April 08, 2011 5:25 PM
Subject: Belated and Time barred complaint; Only lip promises made.


To April 8, 2011
The Chief Executive Officer,
Tata Sky Ltd,
3rd Floor, Bombay Dyeing A.O. Building,
Pandurang Budhakar Marg, Worli,
Mumbai-400025

SUB: BELATED AND TIME BARRED COMPLAINT
SUBSCRIBER I.D. [protected]

Sir,

I lodged complaint with Tata Sky on its Customer Care No. yesterday i.e. April 07, 2011 and described that the Digicomp purchased by me is giving problem from the first day of purchase. Its lights go off and on usually. And now there is no light in the digicomp. The said complaint had been lodged at Tata Sky’s Chandigarh Office. After registration of the complaint I got message from TD-TataSky as: Dear Customer, Your WO Number: 1-[protected] request has been scheduled at[protected]:59. Thank you. And today at[protected] one Customer Care executive of Tata Sky called from[protected] at 02:50 PM and enquired the matter from me. I told about the Digicomp problem. She told that I shall look in to the matter. But no one responded afterwards. She gave me assurance that the Engineer will be deputed shortly to check the Digicomp. The timeline fixed by the Tata Sky has passed by and there is no sight or sound of Tata Sky Technician.

Poor customer Service A bad name to TATA. Kindly consider the following points:

It is Tata Sky’s DEFICIENCY IN SERVICE.
THE COMPLAINT SHOULD BE ENTERTAINED WITHIN THE TIME LIMIT.
The controlling authority has no control over the Service Engineers.
False promises are being made by the Executives of Tata Sky.
Kindly get the needful done at the earliest to avoid further litigation in the matter.

Regards,

Rajneesh Madhok,

B-xxx/63, Nehru Nagar, St. No. 2,

Railway Road,

Phagwara-144401 (Pb)

Ph:[protected]O), 268210 (R),[protected]M)

Tele-fax:[protected], E-mail: [protected]@bsnl.in ; [protected]@yahoo.com


----- Original Message -----
From: rajneesh madhok
To: [protected]@tatasky.com
Sent: Saturday, April 09, 2011 11:48 AM
Subject: Notice under Conusmer Protection Act, 1986


To
Sh. Vikram Kaushik CEO
Tata Sky Ltd,
Mumbai.
----- Original Message -----

From: rajneesh madhok

To: TATA SKY

Sent: Friday, April 08, 2011 10:16 PM

Subject: Notice under Consumer Protection Act, 1986

BY SPEED POST
To
The Managing Director,

Tata Sky Ltd,
3rd Floor, Bombay Dyeing A.O. Building,
Pandurang Budhakar Marg, Worli,
Mumbai-400025

SUBSCRIBER I.D. [protected]
Sub: Notice under Consumer Protection Act, 1986

Sir,

"Act no. 62 of 2002 seeks to amend Section 14 to empower the District Forum if it is satisfied that the allegations contained in the complaint are proved, also to issue orders directing the opposite party, inter alia, to pay punitive damages, cease manufacture of hazardous goods and desist from offering services which are hazardous in nature, pay such sum not less than five per cent , of the value of defective goods sold or services provided where loss or injury has been suffered by a large number of consumers who are not conveniently identifiable"
The service engineer installed second hand a very rough condition Digicomp at the consumer place with exchange of consumer's digicomp. When the consumer objected the engineer said that we provide replacement of old digicomps, your digicomp will be repaired and we shall install it to the other consumer. What a great service TATA SKY is providing to its consumers.

Kindly don't dodge consumers. When the consumer has agreed to pay Rs 350/= as per the demand from Tata Sky. Then why Tata Sky is playing gimmicks by installing second hand and repaired digicomp and charge for new one in lieu of replacement.

As Service Engineer says that Tata Sky don't provide New Digicomp for replacement and so you will have to lodge your request with the consumer care executive. The said digicomp will be supplied from Bangalore/ Mumbai office and it will take more than one month to reach to our destination if it is the quickest response otherwise it may take say more than six months.

What a great company Tata Sky and What a great After Sales Service?

If TATA Sky failed to replace my Digicomp within three days i.e. up to 11th of April and refund the money charged from the consumer due to deficiency in Service. Then the consumer will be constrained to file the complaint before the Consumer Disputes Redressal Forum, Jalandhar for redressal of grievances and will demand compensation for the mental and physical harassment and deficiency in Service.

RELIEF SOUGHT:

Kindly refer Section 14(1) in The Consumer Protection Act, 1986, as the consumer is being suffered loss and injury on account of deficiency in rendering of Service by the opposite party, the consumer will claim Rs 1 Lac as compensation due to negligence of opposite party. Kindly provide the following relief to avoid further litigation in the matter.

1. To replace the Digicomp with New Digicomp with reasonable charges.

2. To adjust/ refund the amount for the period the service not availed by the consumer even after the expiry of the stipulated time as per your SMS and record.

3. To return to the complainant the price, or as the case may be the charges paid by the complainant.

4. To immediately remove the defects or deficiencies in Services in question.

5. To discontinue the unfair trade practice or the restrictive trade practice and not to repeat the installation of Second hand Digicomp (Repaired Digicomp at consumer’s place)

Thanking you,

Yours faithfully,

Rajneesh Madhok, B-xxx/63, Nehru Nagar, St. No. 2, Railway Road, Phagwara-144401 (Pb)

Ph:[protected]O), 268210 (R),[protected],

Tele-fax:[protected], E-mail: [protected]@bsnl.in; [protected]@yahoo.com

----- Original Message -----

From: rajneesh madhok

To: TATA SKY

Sent: Friday, April 08, 2011 5:25 PM

Subject: Belated and Time barred complaint; Only lip promises made.

To April 8, 2011
The Chief Executive Officer,
Tata Sky Ltd,3rd Floor, Bombay Dyeing A.O. Building,
Pandurang Budhakar Marg, Worli,
Mumbai-400025

SUB: BELATED AND TIME BARRED COMPLAINT
SUBSCRIBER I.D. [protected]

Sir,

I lodged complaint with Tata Sky on its Customer Care No. yesterday i.e. April 07, 2011 and described that the Digicomp purchased by me is giving problem from the first day of purchase. Its lights go off and on usually. And now there is no light in the digicomp. The said complaint had been lodged at Tata Sky’s Chandigarh Office. After registration of the complaint I got message from TD-TataSky as: Dear Customer, Your WO Number: 1-[protected] request has been scheduled at[protected]:59. Thank you. And today at[protected] one Customer Care executive of Tata Sky called from[protected] at 02:50 PM and enquired the matter from me. I told about the Digicomp problem. She told that I shall look in to the matter. But no one responded afterwards. She gave me assurance that the Engineer will be deputed shortly to check the Digicomp. The timeline fixed by the Tata Sky has passed by and there is no sight or sound of Tata Sky Technician.

Poor customer Service A bad name to TATA. Kindly consider the following points:

1. It is Tata Sky’s DEFICIENCY IN SERVICE.

2. THE COMPLAINT SHOULD BE ENTERTAINED WITHIN THE TIME LIMIT.

3. The controlling authority has no control over the Service Engineers.

4. False promises are being made by the Executives of Tata Sky.

Kindly get the needful done at the earliest to avoid further litigation in the matter.

Regards,

Rajneesh Madhok,

B-xxx/63, Nehru Nagar, St. No. 2,

Railway Road,

Phagwara-144401 (Pb)

Ph:[protected]O), 268210 (R),[protected]M)

Tele-fax:[protected], E-mail: [protected]@bsnl.in ; [protected]@yahoo.com

----- Original Message -----
From: rajneesh madhok
To: TATA SKY ; [protected]@tatasky.com ; [protected]@tatasky.com
Sent: Sunday, August 14, 2011 12:23 AM
Subject: Digicomp not receiving signal


To
The Nodal Officer of Punjab,
Tata Sky Ltd,
E-46, Eltop Industrial Area,
Phase-8,
Mohal (S.A.S. Nagar)
Ph:[protected],

Sir,

SUB: DIGICOMP NOT RECEIVING SIGNAL

Customer I.D. No. [protected]

Sir,

From the last two days I am getting this message.

"The Digicard may not be inserted properly. Take out the digicard gently & reinsert it. Kindly hold the digicard with arrow side up, pointing towards the digicomp & insert in to the slot."

Kindly look in to the following factors:

The Cable from mini dish to digicimp is intact.
Connections are correctly made.
No number key is working.
There is no rain at present. Though I waited for two days that the fault may be due to rain. My
Sir, my second connection No. 2 on the same Customer I.D. is working. Sir, whether we should keep umbrella ready, that whenever they is rain we should guard the digicomp with umbrella and provide shelter to it or we should keep have the stock of antibiotic and paracetamol because we don't know when the set top box will get sick.

Kindly make proper arrangement to get the fault fixed.

Thanking you,

Yours sincerely,

Rajneesh Madhok,

B-xxx/63, Nehru Nagar,

St. no. 2, Railway Road,

Phagwara-144401 (Pb)

Ph:[protected]O), 268210 (R),[protected]M)

Tele-fax:[protected], E-mail: [protected]@bsnl.in ; [protected]@yahoo.com