How tata sky cheated me

[NinadG]

Because annual contract expire on 31 july 2013 and customer didn't inform TS to renew it. I think it's customers duty to inform operator regarding contract renewal or pack discontinuation otherwise it may happen that operator renew contract for another year(upto 31 july 2014) and then after sometime customer wish to discontinue the pack or may sue operator and ask that "I(customer) don't want to renew my contract. So on whose authorization you(operator) renew my(customer) contract for another year?".

So to be on safe side TS converted his pack to daily after his annual contract so that customer can discontinue his pack any time.

If TS or any other DTH is doing this illegal act then it is only for extracting & making money. We know the sorry state of regulation as far as DTH is concerned.
Do TS follow all the Trai regulations & guidelines ?
Does TS continue showing channels even after subscriber contract (monthly or annual) is over ? Why TS or other DTH deactivate customer after contract is over ?

 

[Sarkar]

Whatever guidelines Trai is formulating regarding this, are bound by Indian Contract Law. It cann't be above Indian Law.
If some one challenges it in court then Indian Contract Law prevails & court will pass necessary injunction.

Can you please provide some reference regarding Indian Contract Law and what it says in this situation ?

 

[Sarkar]

If TS or any other DTH is doing this illegal act then it is only for extracting & making money. We know the sorry state of regulation as far as DTH is concerned.

Do TS follow all the Trai regulations & guidelines ?

Does TS continue showing channels even after subscriber contract (monthly or annual) is over ?

Why TS or other DTH deactivate customer after contract is over ?

:no No DTH operator follow all TRAI guideline.

Yes as long as sufficient balance is available in account.

I think no operator deactive customer after contract is over as long as account is running.

 

[NinadG]

There may be ifs & buts but as far as I know, what TS is doing is illegal as per contract law. There is no need to think from TS point of view. DTH & customers are bound by Trai guidelines & Contract law. Whether renewal is for one year or one day, if its without concent, its illegal.

One can refer Indian Contract Act 1872 & ammendments.

This is the forum where we share our knowledge & experience regarding DTH service providers. After putting together all such things, an impression is generated about a perticular DTH company.

I have worked in the past with Star TV for 2 years out of which last 2 months I worked for SPACE TV (now called Tata-Sky) & aware of atleast something about STAR/Tata-Sky policies.
As far as TS is concerned, everyone knows that customer service is good but then such things alter this impression. Someone needs to inform TS to rectify such deliberate acts. If anyone is getting impacted by such things then they need to inform TS thro email to know their official response. After all, TS also wants to become no 1 DTH comany & thats why they are spending so much money.
Finally one can inform Trai or even challange DTH in consumer court.

 

[Sarkar]

Cannot find a single word regarding renewal of contract in Indian Contract Act 1872 & amendments. So can you please provide in which clause contract renewal is mentioned ?

http://chddistrictcourts.gov.in/THE INDIAN CONTRACT ACT.pdf

 

[NinadG]

There may be ifs & buts but as far as I know, what TS is doing is illegal as per contract law.
There is no need to think from TS point of view.
DTH & customers are bound by Trai guidelines & Contract law. Whether renewal is for one year or one day, if its without concent, its illegal.

Here we are concerned about automatic renewal/conversion of annual contract by TS without consent of affected customer. This is perfectly illegal as far as Contract Act is concerned.

I am sure that here you are not representing T(S & I am not representing Shareknhan to fight over illegal acts done by T(S.

This forum is for sharing our experiences about DTH providers, which will provide common solution to forum members & also to create internet pressure group to force TS & other DTH providers to follow guidelines/law.
This is all about protecting consumer rights.

 

[shiwesh]

:no Annual or daily contract cost are bound to remain same. Here problem is why TS took customer for granted & converted annual contract in to daily contract without explicit customer consent? :huh :angry

Your expectation is very correct. A pack for which payment is done in advance can not be renewed automatically. Something which is postpaid in nature and deduction happens from main balance or a bill comes at home can only be auto renewed.

 

[piinku1]

Hello friends,

I want to share my story about how tata sky cheated me. I haven't lost too much money in this cheating but after all its a cheating.

About my subscription-

- I subscribed for India Cricket annual pack (ch no 400) on 1st Aug 2012 @ Rs. 365
- Last date of subscription was 31 July 2013
- But as many of us know tata sky ceased this channel somewhere in Feb 2013

So what I was expecting from tata sky-

- Refund of the balance amount for 5 month i.e. from March 2013 to July 2013 (Rs. 150 approx.)

What tata sky did -

- They haven't give me refund
- And not even removed this annual pack from my account.
- Instead they converted this annual pack into daily pack after 31 July 2013 (i.e. after end of subscription)
- Charged me Rs. 1 per day in August (Rs. 30)

What reply I got from their customer care -

- Customer has to inform to cancel their annual subscription otherwise it will be automatically converted into daily pack.

My question is -

- How can tata sky charge for a service or channel which does not exists?

I contacted number of times about this issue but every time they reply with non-sense thoughts and other garbage information like account balance and blaa blaa... Finally I gave up because I don't want to waste more time with them.

If you can view channels that telecast ind matches during this period without subscribing that channel,then it isn't cheating.

If no,then ask them for refund+compensation for cheating you since long time.

 

[soorya_g]

My observations are that :
1.The subscription is for " Annual Cricket Pack " which has to cover all the matches played by India.
If this service is provided through CH-400 or Sony Six or some other channel , the removal of annual pack on discontinuation of CH-400 does not arise. And it is not clear whether there was a demand from the consumer for termination during the currency of original contract (31/7/2013)

2. Now a days all the commercial/ financial contracts bear the auto renewal clause. Assuming that TS contract also incorporated the autorenewal clause , the conversion of annual pack to daily pack after the original due date( may be because of shortfall of funds in the account) of course at the same cost is questionable.Unless we study the original contract it is not appropriate to come to a conclusion.

 

[Sharekhan]

First of all thank you everyone who replied in this thread.

There is still confusion with some members to understand this issue.

My big concerns are

- If customer paid for any channel or service for full year and that channel or service is discontinued before ending of his subscription then dth service provider should be taken completely responsible for this and its their responsibility to refund for rest of the subscription amount.

In this case tata sky discontinued INDIA CRICKET PACK so they have to refund rest of the subscription amount. I want to make clear that I was not able to watch any Indian cricket match after they discontinued this pack ie channel no. 400. I changed my base pack (subscribed to supreme sports pack) to watch Indian matches.

- Its their policy to convert annual pack to daily pack after end of subscription but my question is how they can convert non existing annual pack to non existing daily pack and charged for it. That is why i called this as a cheating.

Regards