The complaint has been investigated and
resolved to the customer's satisfaction
Resolved
DishTV.insale with false promise of service

I am posting a copy of legal notice with all information

S. c. goyal 29th nov. 2014
llb (m. no. d-340/1976)
C. l. gupta
llb, llm
Sanjeev kumar agarwal
llb, llm
Advocates, supreme court of india & delhi high court

Email/regd. / ad

1. the chief executive officer,
Dish tv india ltd. , 8-10, essel house,
Lawrence road indl. area,
New delhi-110035

2. sh. harendra singh
Nodal officer, dish tv india ltd. , 8-10, essel house,
Lawrence road indl. area,
New delhi-110035

3. m/s dishhub dth
A-38/1 badli
New delhi, delhi 110042

4. m/s shopclues,
Clues network pvt ltd, bldg. no. 122, sector 44,
gurgaon (haryana) - 122001

Dear sirs / madams,

Under the instructions from and on behalf of our client, ms. asha rani, 24/12, pant nagar, jangpura, new delhi-110014, we do hereby serve upon you with the following legal notice:

1. that our client had purchased a dish tv tru hd+ recorder with 15 months free @ rs.4999 / with following description:
15 months free subscription of rs.499 / - pack
Complete connection
Unlimited recording
353+ channels with 37 tru hd channels
Free installation
Free home delivery
One year warranty

2. that the name & address of merchant was dishhub dth, a-38/1 badli, new delhi, delhi 110042 and it was purchased from the website of shopclues.
3. that our client had made full advance payment of rs. 4999 / - under the scheme on 19-10-2014 and was issued bill.
4. that on 28-10-2014, dish tv connection with vc no. [protected] was installed at about 5 pm.
5. that communications were made by ms. preeti kundu introducing herself as executive from dish tv.
6. that on 26-11-2014, the connection was deactivated with the screen showing message for recharge to avail services.
7. that our client thereafter, telephoned & message frantically to get services as she was promised 15 months scheme and the connection was deactivated within a month.
8. that at last, one executive rang to inform that it is deactivated as payment made was for one month connection of rs. 2000 / - merely.
9. that our client had also sent bill showing the payment of rs. 4999 / - and scheme purchased by her by mail.
10. that executive admitted that the merchant is dealer/agent of dish tv and promised to respond within 10 minutes but never called back.
11. that all efforts of our client have gone in vain and dish tv has not activated the services.
12. that our client has been apparently made victim of unfair trade practices, cyber fraud and cheating under sec 420 ipc.
13. that the company is vicariously liable for acts and omissions of its agents.
14. that the scheme is still being sold on behalf of the dish tv at shopclues at lower rates of rs. 4799 / - and apparently with the consent and acquiescence of your company.
15. that dish tv has not made any efforts to stop the sale on the site which is prima facie proof of dish tv’s consent and acquiescence.
16. that on certain websites, ms. preeti kundu is shown as executive of dish tv.
17. that our client and her family have undergone mental & physical agony and suffered financial losses as well on account of the said cheating committed by the company and its agents.
18. that the commissions & omissions of the company constitute unfair trade practices and also qualify the ingredients of the offence of cheating under indian penal code and cyber crimes well.

I, therefore, through this legal notice call upon you to activate the dish tv connection with the promised package and compensate our client for all losses, legal costs, damages, & harassment caused to our client by the said commissions & omissions of the company and its agents or to show cause why action under relevant provisions of law of civil & criminal laws be initiated for compensation of all losses, damages, & harassment caused to our client by the said commissions & omissions of the company, within the period of 30 days from the date of receipt of this notice, failing which it shall be presumed that you have no reply to offer and in that event you shall be fully responsible for all costs, risks and consequences thereof for the your acts & and our client would be constrained to approach police authorities / trai and other regulatory authorities / appropriate court/s of law for the desired relief.

Take notice. copy kept for record.

Sanjeev k agarwala
Advocate
____________________________________________________________
Office address: 301, sai chambers, d b gupta road, karol bagh, new delhi-110008, m. no. d-340/1976, d-1015/2009, d-2810/2011 resp. , contact no. : [protected], [protected] e mail: [protected]@rediffmail.com

Note: received call from [protected] claiming calling on behalf of ceo and stated that he has not received contents of this notice and want details. i and my client is flooded with calls of executives calling unnecessarily and expressing inability as shopclue is not authorised agent. it is sale of services to be made by the company. if somebody unauthorised is selling it and collecting money on behalf of dish tv why dish tv is not stopping sale and lodging fir for the cheating. it is a case of harassment and cheating of consumer

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