----- Original Message -----From: aditya bhatiaTo: adityak...@hotmail.com ; David Tran ; Aaron Lynch ; Emma Murray ; HUBB Support ; Saurabh Bhattaacharya ; in...@sitmindia.com ; compl...@sitm.com.au ; pra...@sitmindia.com ; Daniel Arrue Ramos ; fi...@fics.asn.auSent: Wednesday, September 14, 2005 8:40 PMSubject: Your intimidating tactics on SITM client from India. Your illegal act of terminating the written "Lisence Agreement" on our request to provide us the error free BSE NSE data in SITM & Metastock formats, as paid for.To:1) The President/ CEO, Safety in the Market Pty Ltd.,ACN 010 924 544, Alexandra Headland, Qld 4572,
Australia.The President/ CEO, Safety in the Market Pty Ltd.,PO Box 162, Buderim QLD 4556,Australia.&2) Mr. Aaron Lynch, (TF +61 2 8213 6099)
General Manager,& Ms. Emma Murray, Customer Service Manager,Safety in the Market Pty Ltd., & Hubb Organisation Pty Limited,ABN: 42 087 234 599, Dispatch Unit 5,4 Skyline Place, Francis Forest, NSW 2086,Australia.&3) Mr. Pradeep Chandrasekaran, (TF +91 98844 15795)(Country Manager - India)Safety in the Market (India),Hubb Events (India) Pvt, Ltd.,Post Box No. 9009,K K Nagar,Chennai - 600 078 Tamil Nadu,India.Dear Sir/s Madam,We are shocked to receive the following email from you.Is this not a shameless act of a coward?Is this the way you behave with your clients all over the world?This does not fit into the image of your so called organisation of esteem from Australia.How can you even think of terminating the signed agreement, without our written request??Is there no law and order in your country?? Or is there a rule of robbers, dacoits, Goonda Raj, Jungle Rule & Rule of International terrorists in your country?Thank your lucky stars that you are in your home country in Australia, as had you been in India, you would have got the instant fruits of your arbitrary and illegal acts from our Indian legal system.You are required to refrain from even thinking to terminate your services to us, let alone terminating it.You are also required to restart our services for the "ABC Trader Software" and "Swing Expert Software" with immediate effect, failing which it shall be presumed that you have done it on purpose, so suddenly to make us incur huge losses, without any written request from us, as required in the "Licence Agreement" & "Guarantee & Application Form - Trading Tactics Pack" signed by us for "ABC Trader Software" and "Swing Expert Software".We hereby hold you fully responsible for the losses, suffered by us, due to this sudden & illegal act on your part, which has created a total blackout, as regards our entire family portfolio based on your software.We hereby totally reject your following offer "we agree to take the unprecedented step of offering you a full refund on all your Safety in the Market purchases." We take it as you intimidating tactics, creating tensions, harassment and making our life hell, for which we may claim damages, compensation etc. etc. as per the law.Before we respond to your email in a befitting manner, please specify our "ongoing demands", as stated by your in your email.Are there any demands? In fact, there are only certain reminders to you to honour your commitments to provide the error free, duly adjusted data for splits etc. etc. and timely, end of day data of Indian Stock markets BSE & NSE, both in SITM & Metastock formats, as agreed and assured by you since April 2005 and to reimburse us the amount for arranging the data in Metastock format from alternative sources, which you failed to provide despite repeated assurances from your side, as latest as last week.please also explain in detail, your comments, "every effort to resolve the issues raised, included personalised support, dedicated technical support and the offer of Trading Tutors support if required ".In fact no such support was provided at any time from your side. On the contrary, you took telephonic support from us, to adjust and improve your data delivery systems to deliver the NSE & BSE data for several hours daily for months together running past midnight & Early Mornings India times.You had utilised our services since April 2005, as you introduced your products in India, without any data base on BSE & NSE. We co-operated with you from your first step in India and look what results you have given us.You shamelessly even forget to thank us, while we worked with you on phone without payment of even single penny in token appreciation for using our services. Duly fed up with your calls at odd hours, we were compelled to tell you that our services may not be free, after all, as already claimed & demanded long back, on which you are keeping silence now.Your claim of providing the Trading Tutor support is totally false, as the stage of demanding such services never came, as till date you are just promising to provide the error free data in SITM & Metastock formats on NSE & BSE.Is this the way you treat your only client in India, who co-operated and worked with your support staff/ with you on phones and was always on your back & call without seeing whether it is day or night in India, since April 2005?Are You not are back stabbing your only supporter in India? Who will support your products, if the International community comes to know the full details of this matter?We never expected that the organisation of your repute shall try to wriggle out of its contractual obligation and also fail to provide the agreed service.Are you not aware of the damage it may cause, if the details of this matter reaches the appropriate International forums? Do you want us to do that now?please enlist the unique "complaints you are raising", as claimed in your email. Is demanding the timely and error free NSE BSE data in the promised formats of SITM & Metastock a crime in your country?Please provide full details on your comment, "The dealings we have had with you are completely out of our experience in dealing with clients worldwide."Please note that we are using, since several years, the Advanced GET, ICE for Metastock and Metastock softwares all from USA, and never had even a minor issue with them all these years.We never had any issue with our Indian data base provider too, over the last several years. And here in India, all your first batch buyers are all complaining in two forums on varied issues, which you are keeping pending since April 2005.You have deliberately failed to provide any address, in your email, proving our point that you are trying to intimidate us into submission to your arbitrary and one sided attempts to unlawfully terminate the contract with us, which we very strongly protest.As regards your threat to intimidate us, " I understand from your emails that you have arranged an alternative data service, and accordingly will terminate our service to you immediately." Please note that you have failed to reimburse for this data feed in Metastock format, which you had promised to provide. You are aware that the Metastock data feed does not work on your software, as such you are required to re-start your service immediately now, to keep on the right side of the law. It is in your own interest.Your action to terminate it is totally arbitrary & illegal and we warn you of the legal consequences for the same.This is further to all our previous emails to you since April 2005 on the matter.By endorsing a copy of this email to The Chief, FICS, Financial Industry Complaints Service Limited, PO Box 579, Collins Street, West Melbourne, VIC 8007, Australia, we are requesting them to intervene in the matter and get our services re-started immediately toady.Upon getting your response, we shall decide on the future course of action.Hope that the good sense prevails at your end, and you sort the matter to our entire satisfaction today.In the meantime please re-start our services from your end with immediate effect and confirm the same per return email.We await your personal reply. You may call & clarify NOW, but we still insist on a reply by email, followed by a hard copy by snail mail, from you.
Please acknowledge & advice.
regards,
- Aditya Ashok bhatia& ashok kundanlal bhatia,
1st floor, seble niwas,behind hotel seble,off trimbak road,nashik 422002 Maharashtra India.
India,phone +91 253 2308414,mobile phone +91 98223 57033----- Original Message -----From: Emma MurrayCc: Aaron LynchSent: Wednesday, September 14, 2005 11:30 AMSubject: Safety in the MarketDear Aditya,
I refer to various correspondence between us and yourself in relation to product you have purchased from Safety in the Market.
It is apparent from your emails that we will be unable to satisfy your ongoing demands. We have made every effort to resolve the issues raised, included personalised support, dedicated technical support and the offer of Trading Tutors support if required. We have many clients throughout India who are using our services and materials without the complaints you are raising.
The dealings we have had with you are completely out of our experience in dealing with clients worldwide. Due to this, we agree to take the unprecedented step of offering you a full refund on all your Safety in the Market purchases.
Could you please return your Safety in the Market materials to the address below. On receipt, we will immediately make payment to reimburse you for monies spent with us.
I understand from your emails that you have arranged an alternative data service, and accordingly will terminate our service to you immediately.
We wish you success with you future trading efforts.
Regards
Emma Murray
NB: Posted response forwarded 14 September 2005