TATA SKY blatantly violates TRAI regulation on repair of TATA SKY hardware. Following is the complain I have filed with TRAI regarding the same. I hope Other TATA SKY customers to take notice of such violation and report to TRAI. Also TRAI should take strict measures for such open violations.
Dear Sir,
I am a TATA SKY customer with following details:
Subscriber ID: 1065610543.
Register Mobile number: xxxxxxxx
I am writing to TRAI because I found TATA SKY violating TRAI regulation and I want to bring violation to TRAI notice as it effects all the TATA sky customers.
Following is my case:
1) When I applied for TATA SKY connection I was handed over subscription contract attached here with the e-mail. The subscription contract can also be found at https://tatasky.com/wps/wcm/connect/f7a6cbb3-2aa4-4578-82cf-6d5ab7a977fa/Subscription+Contract.pdf?MOD=AJPERES.
Section 10.1 of the contract mentions:
"The Tata Sky hardware will at all times remain our property."
Since the ownership of the TATA sky hardware lies with TATA SKY and not with the customer the purchase cannot be termed as an Outright purchase. At best it can be termed as long term lease/rental plan by making one time payment.
Section 10.12 of the same contract says:
"You shall return the digicard to us immediately upon(i) deactivation or cancellation of your service and / or the termination of this contract for any reason whatsoever;(ii) replacement of the digicard by us."
and section 11.7
"You acknowledge that the Tata Sky hardware has been provided to you on an entrustment basis only to avail of the service during the validity of the subscription contract. We reserve the right to repossess the Tata Sky hardware and/or claim damages from you for any loss or damage to the Tata Sky hardware or in the event of your failure to return the Tata Sky hardware within the specified time frame."
Clearly the terms of the lease/rent is valid only till customer is an active customer. I was informed at the time of purchase that above terms and condition remains same for all other TATA SKY customers. Even though the condition mentioned in the contract are consistent with lease/rent agreement the contract does not mention that hardware is Lease/Rent neither does it mention that it is outright purchase. The omission of the terms is clearly done to circumspect Customer laws and TRAI regulation.
2) TRAI’s regulation THE DIRECT TO HOME BROADCASTING SERVICES(STANDARDS OF QUALITY OF SERVICE AND REDRESSAL OF GRIEVANCES).
REGULATIONS, 2007 chapter 2 section 4.b.ii mentions:
"No charges payable towards repair and maintenance of direct to home customer premises equipment acquired under the hire purchase scheme or on rental scheme during the period of hire purchase or rental scheme."
3) On 23/12/2013 my TATA SKY hardware broke down on raising a complaint with TATA SKY customer service I was informed that since I have made an outright purchase and warranty have expired I am suppose to pay for the repairs of the box.
4) Here is where the violation lies. TATA SKY chooses the definition which benefits the company in different dealings with the customer depending on different conditions. I would urge TRAI to investigate such harmful practices and instruct TATA SKY to address this ambiguity between there contract and customer service when customer comes for repair.
5) If TRAI finds after investigation that this is a case of outright purchase then it should instruct TATA SKY to modify its Subscription contract and give customer complete rights over the hardware duly purchased. Rights including but not restricted to following:
a) Right to repair hardware by any agency deemed fit by the customer.
b) Complete board designs(with details of components used) and software source code of the purchased hardware.
c) Complete repair manual with instruction for repairs.
d) Availability of spares for the purchased hardware.
e) Complete transferability of ownership without any restriction.
6) I have put forward above case with TATA SKY nodal officer Karnataka on 25/12/2013 through a phone call made by TATA SKY nodal office number 08066233000 at 9:40 am. The nodal officer agreed that subscription contract is a lease and rent one but as mentioned in the contract the customer have to pay for the service. I read out the TRAI regulation mentioned above in his defense the officer mentioned that the policy of charging for repair on lease and rental equipment have been approved and vetted by TRAI. Moreover this is an industry wide practice.
Clearly as per nodal officer the blame lies with TRAI for approving the policy which is not consistent with TRAI’s own regulations. I also informed the nodal officer that TRAI allows to charge for repairs only for outright purchased hardware(through THE DIRECT TO HOME BROADCASTING SERVICES(STANDARDS OF QUALITY OF SERVICE AND REDRESSAL OF GRIEVANCES)(AMENDMENT) REGULATIONS, 2009) which clearly mine is not.
I am confident that TRAI will take notice of the violation and act on it to protect the interest of not only all TATA sky customers but also other DTH customers(as per information shared by nodal officer). If by mistake TRAI have approved such erroneous policy then I urge to please take back such approval which are counter to TRAI regulation. If there is any error in my understanding than TRAI should clarify the misunderstanding."