| Name of Complainant | |
| Date of Complaint | May 15, 2019 |
| Name(s) of companies complained against | |
| Category of complaint | Entertainment |
| Permanent link of complaint | Right click to copy link |
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Dear Sir/Madam,
The undersigned is the Director of three hotels which are located in Paharganj , Main Bazar, New Delhi 110055 and carrying on business having 39 connections, 35 connections & 63 connections, respectively (for short the said Hotels) allotted 35 Tata Sky IDs .
The said Hotels enjoy tremendous goodwill and reputation not only amongst Indian tourists and guests but also International and Foreign Tourists & Travellers due to the excellent and quality services rendered by the said Hotels and its highly specialized staff and employees.
The said Hotels in addition to other services like good and clean rooms, furniture and furnishings etc. also provide 24 Hours Television programs and channels for entertainment of its guests.
In or around the last week of January, 2019 The representative himself as the authorized Marketing and Sales Representative of Tata Sky visited our hotels and offered the services of Tata Sky DTH service with a wide range of channels by promising an annual package of fixed rates with HD channels i.e. for a period of one year for all the televisions installed in all the rooms of the said Hotels.
They induced us to take the fixed price annual package on the assurance and promise that w.e.f. 31st January, 2019 the prices would become costlier and the annual packages may not be available but the annual packages subscribed before 31st January, 2019 will not be revised or changed.
We found the proposal attractive particularly as the package was annual and the rates were promised to be fixed with no upward revision for the annual term of the packages.
We therefore, reposing faith and trust on representative subscribed to the annual package for all three hotels. Rs.1,08,585/- 22 Jan 2019 (Rs.95634 + TDS+ Paytm) was paid by us to Shriji Enterprises stated to be the authorized distributor of Tata Sky and owned by Mr. Pankaj Jain. Likewise, Rs.1,07,640/-22 Jan 2019 (Rs.1,06,564 + TDS) to Shriji Enterprises & Rs.1,73,880/- 22 Jan 2019 (Rs.1,72,141 + TDS) to Shriji Enterprises.
In terms of one hotel among them which they knew that 32 rooms out of 63 connection were under construction & connections were not required for next 3-4 months but they induced that just pay for all 63 connections now & thus still you would be in benefit although you won’t use for next 3-4 months as the charges are going to be high & on monthly basis therefore we paid for those 32 connections also which are still not in use. If we had to pay monthly basis, why we paid since last three months for 32 connections which are not in use so far.
We were shocked when in the beginning of April to our utter disbelief the annual plans were unilaterally and without our consent or knowledge changed to monthly basis and the charges were also enhanced considerably. As against the aforesaid amounts of Rs.1,08,585/- , Rs.1,07,640/- and Rs.1,73,880/- for the annual package, the monthly plan works out to Rs.66,616/- and Rs.7,99,395/- annually.
We were constrained to contact them but they expressed their helplessness to do anything about it as she bluntly told us that Tata Sky has changed the plans and the charges payable for the same from annual to monthly. Furthermore, for the purported nonpayment of the monthly plan, our connection is also being blocked which is destroying and hitting our business which is a hospitality industry and services like Television entertainment etc. are vital to provide satisfaction and enjoyment to the guests.
We have not been given any details or particulars as to under what circumstances the annual plan has been changed to monthly plan except for vaguely stating that TRAI has changed the rules.
We are pained and feel cheated that at the time the DTH connection of Tata Sky were offered the assurance and the attractive part of the scheme promised to us was that in respect of the connections before January 31, 2019, there will be no change of rules for connections already taken on annual rates.
It is evident that everyone was fully aware that about their representations and promises were false but still we were made to believe that the annual package/plan will be fixed for one year with no upward revision of the rates. There has, thus, been willful misrepresentation, deceit and deception perpetuated by representative of tata sky in conspiracy and connivance with each other and all three of them i.e. Tata Sky, Shriji Enterprises and Ms. Preeti have financially benefited by their dishonest and willful inducement and misrepresentation of facts which they knew to be false at the time of inducing us to part with money and enter into business relationships with all of you.
It is, therefore, imperative that all three of you are liable to compensate us for the financial loss caused to the hotels by way of the differential in the annual price and the increased price of the DTH connection besides being liable for various offences under the Indian Penal Code including for cheating, breach of trust, misappropriation of money and fraud.
In view of your illegal and fraudulent actions and inducements and the consequent blocking of services to the said Hotels has tarnished the goodwill and reputation of the said Hotels in the estimation of the guests who were deprived of the facility of viewing Television and various channels in their rooms. We were put to unbearable shame, embarrassment and pain causing distress and anxiety to the entire staff and employees of the said Hotels for which you are liable to compensate us.
They are further liable to be proceeded against for the offences committed by them and we reserve our right to take recourse to all the remedies available to us for the redressal of our grievances.
We hope and trust that the matter will be resolved amicably.
Yours faithfully,
(Govind Makker)
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