Orissa

Sambalpur

CC/29/2019

Yugal Prasad Shroff (Dead) - Complainant(s)

Versus

1- The Videocon D2H Orissa NOdal Officer - Opp.Party(s)

B.K.Shroff

30 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 29/2019

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

1. Padmalaya Shroff

S/O-Late Yugal Prasad Shroff

2. Smita Shroff

D/o- Late Yugal Prasad Shroff

3. Bighneswar Kumar Shroff

S/O- Late Yugal Prasad Shroff

4. Durgavati Shroff

D/o- Late Yugal Prasad Shroff

All R/O- Sunaripara, Barabazar,

Po/Ps- Khetrajpur, Dist-Sambalpur, Odisha.                          ………..…..Complainant

 

Vrs.

1- The Videocon D2H Orissa Nodal Officer

     At- Videocon D2H Limited, A/60, BJB Nagar,

     1st floor Bhubaneswar-751014

2- M/s. Dish TV India Ltd.

    FC-19, Sector 16A, Film City, Noida,

    Uttar Pradesh, India, PIN-201301

3-The CEO Dish TV India Ltd

    FC-19, Sector 16A, Film city, Noida,

    Uttar Pradesh, India, PIN-201301

4-The managing Director Dish Tv India Ltd.

    FC-19, Sector 16A, Film city, Noida,

    Uttar Pradesh, India, PIN-201301.                                                            .. ………..Opp. Parties

Counsels:-

1. For the Complainant                   :-         Sri. B.K.Shroff, Advocate
2. For the O.P.s                                 :-         Sri. Ritesh Ranjan & Sri. Biswajit Bai

 

DATE OF HEARING :13.07.2022, DATE OF JUDGEMENT : 30.08.2022

           Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The Complainant Yugal Prasad Shroff filed the complaint and later substituted by his legal heirs padmalaya shroff & others. The Complainants prayer is to direct the Videocon D2H Ltd. to refund the deposited amount to- wards subscription of the channels.

The case of the complainants is that on 14.12.2018 recharge of Rs. 2650/- Gold life pack was made in advance for one year. Rs. 219/-per month for 12 months Rs. 2628/- and Rs. 22/- extra. On 12.04.2019 the complainant surprised that that star pack and sony pack channels are deleted from his pack and it displayed, “channel subscription Ka hissa nohi hai etc.” complaint was made on same day but the O.Ps did not resolve the problem.

The Complainant when reviewed the Balance details in d2h account found that “End of subscription date 25.12.2019.” The subscription was abridged for the period 25.12.2019 to 10.01.2020 for 15 days without any intimation.

The Complainants logged complaint on 13.04.2019, 08.05.2019 and 14.05.2019 but neither resolved the problem nor refunded the amount.

2. The O.P. Dish T.V. India Ltd. submitted that it is merged with Videocon d2h Ltd and now Videocon d2H Ltd is not in existence. The O.Ps admitted the subscription of Complainant dated 14.12.2018. Due to change in policy of the Telecom Regulatory Authority of India (TRAI) the customer was migrated to Best fit plan. Best fit plan. Causes reduce in view period from 10^th January 2020 to 25.12.2019 reduction in 15 days view period. The O.Ps distribute channels which are available on its plat form. Some channels are removed from DTH platform by Broad casters or disconnected by Distributers in business understanding  and for that reason the O.Ps unable to provide such channels to customers. The O.Ps restored 15 days view period in good gesture and the Complainants enjoyed DTH service for the payment made and no extra chares deducted. After rectification of issues the complainant are enjoying DTH service un interrupted.

The claim is totally denied and the Complaints are not entitled for any relief.

3. Perused the documents and submission made by both the parties. From the account statement of the O.Ps it reveals that as an valued customer the O.Ps have given discount of Rs. 219/- and Rs. 123.84P special approval discount to the complainants. It is true that the Telecom regulatory Authority of India(TRAI) changed the policy  and special 15 days restored view was given to the consumers. For the price paid i.e. Rs. 2650/- dated 14.12.2018 it was the duly of the O.Ps to provide star pack and sony pack channels but could not provide as the channels were not available in DTH service due to removal by the Broadcaster or disconnected b the Distributor. This fact is admitted by the O.Ps why the star Pack and Sony  Pack channels booked by the O.P. neither informed nor resolved the issue.

After several correspondence of the complainants the O.Psremained silent and not given any reply, it amounts to deficiency in service of the O.Ps.

4. The Complainants have not given the charges of Sony pack and star pack nor the O.Ps. Hence the actual loss sustained by the Complainant can not be calculated but it is established that the O.Ps are deficient in their service and liable to pay the compensation.

Accordingly it is ordered:

6698606.  

The complaint is allowed partly against O.P. No.2 to 4. No order can be passed against O.P. No.1 as it is merged with O.P. No.2 to 4. The O.P. No.2 to 4 are directed to pay compensation of Rs. 25,000/- and litigation expenses of Rs. 5000/- within one month of this order, failing which the entire amount will carry 7% interest w.e.f. 11.06.2019 date of filing till realisation.

Order pronounced in open court on this 30^th day of August, 2022.

Supply free copies to the parties.