Faced by continuous decline of sales because of immense popularity of Dish TV “Set Top Box Free” Scheme, Tata Sky approached the Delhi High Court by way of a Writ under Article 226. The petition was heard by the Court today, June 4 ‘08. At the hearing, Tata Sky attempted to show that Dish TV’s advertisement campaign is misleading and Dish TV is not offering the Set Top Boxes free and prayed to the High Court to award an injunction against Dish TV, however the court was not impressed. The counsel of Dish TV explained that Dish TV is currently running three schemes out of which, Set Top box is free under 3990 Scheme and the same has been very clearly brought out in the advertisements as well.
Another important factor which was brought before the High Court by the Counsel of Dish TV was that there were two petition filed in the MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION, NEW DELHI (MRTPC) which was absolutely same and the same prayer was made in both the petitions. The first petition was filed by a consumer organization which was represented by the same counsel who was representing TATA Sky. In this matter, MRTPC did not grant any relief to Tata Sky. Thereafter TATA Sky made a second attempt, by filing the same petition in which again MRTPC refused to grant any relief to Tata Sky. TATA Sky had filed this complaint on May 29 ‘08 before the MRTPC against Dish TV stating that Dish TV’s advertisement of “Free Set Top Box” is misleading and had prayed for an injunction against the advertisement campaign of Dish TV. In their complaint to MRTPC, Tata Sky has also admitted that because of this campaign, the sales of Dish TV had gone upto double of Tata Sky sales. On May 30 ‘08, the MRTPC refused to grant any relief to TATA Sky and issued notice to Dish TV for further hearing on July 11 ‘08. In fact, TATA Sky was behind both the petitions.
The High Court today, on hearing the parties, decided that at present there was no relief required to be granted to Tata Sky, and the said petition has been dismissed as withdrawn.
Another important factor which was brought before the High Court by the Counsel of Dish TV was that there were two petition filed in the MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION, NEW DELHI (MRTPC) which was absolutely same and the same prayer was made in both the petitions. The first petition was filed by a consumer organization which was represented by the same counsel who was representing TATA Sky. In this matter, MRTPC did not grant any relief to Tata Sky. Thereafter TATA Sky made a second attempt, by filing the same petition in which again MRTPC refused to grant any relief to Tata Sky. TATA Sky had filed this complaint on May 29 ‘08 before the MRTPC against Dish TV stating that Dish TV’s advertisement of “Free Set Top Box” is misleading and had prayed for an injunction against the advertisement campaign of Dish TV. In their complaint to MRTPC, Tata Sky has also admitted that because of this campaign, the sales of Dish TV had gone upto double of Tata Sky sales. On May 30 ‘08, the MRTPC refused to grant any relief to TATA Sky and issued notice to Dish TV for further hearing on July 11 ‘08. In fact, TATA Sky was behind both the petitions.
The High Court today, on hearing the parties, decided that at present there was no relief required to be granted to Tata Sky, and the said petition has been dismissed as withdrawn.
