After hearing heated arguments for around three hours, the MRTPC reserved the judgement after directing DTH operators to submit additional documents in this regard.
During the proceedings at Monopolies and Restrictive Trade Practices Commission, TataSky counsels alleged that Dish TV's advertisement that featured Bollywood star Shah Rukh Khan offering free set top boxes was misleading and deceptive.
"We could not have any legal objection in giving free STB but they should give correct information and should clarify the facts that it was free. Whole motto of Dish TV's campaign is to attract by giving wrong information," alleged TataSky's counsel, adding that it was free only in Rs 3,990 scheme only.
The counsel further added the TV ad never clearly mentioned that free STB was only in Rs 3,990 scheme. It represents a 'half truth' of facts, which was an unfair trade practise under the MRTPC Act, 1969.
This was vehemently opposed by Dish TV counsel on the grounds that their rival TataSky has no 'locus standi' to file this case.
"Business rivals has no locus standi to file case (at MRTPC). Moreover, in our advertisements we have not compared our product with TataSky or shown them as underplayed or there is a disparagement," submitted Dish TV's counsel.
On TataSky's allegation that in its advertisement Dish TV has highlighted 'free STB' word and other operative portions were not properly highlighted, Dish TV side retorted, "should we get our advertisement cleared by our business rivals".
