DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 618/2014
Date of Filing: Date of Admission Date of Disposal:
13.11.14 20.11.2014 22.05.2015
PETITIONER = Vs. = O.Ps.
J. N. Khasnabis, Barasat Cable T.V. Network Pvt. Ltd
S/o. Late Jitendra Nath Khasnabis, Aurobinda Pally, Noapara, Barasat,
Kalibari Road, Kolkata- 700126, P.S. Barasat,
P.O. Noapara, Dist- North 24 Pgs, W. B.
P.S. Barasat,
Kolkata- 700126.
J U D G E M E N T
The fact of the case, in brief, is that the complainant is a subscriber under the organization and hired the service of single cable T.V connection of package 3 BCN general upon payment of the consideration money and subscribed to view channels of package 3 as provided by the O.P. It is pertinent to mention here that as per brochure and leaflet of the O.P the charges for the package 3 is @ Rs. 178/- per month including taxes and to that effect O.Ps are charging Rs. 210/- per month for last few months towards monthly subscription for the aforesaid package 3 but it is needless to mention that in earlier occasions the charges for the said package 3 was Rs. 155/- in very much regular to pay the said subscription charges and never defaulted in payment.
The complainant stated that the O.P have intentionally and deliberately increased the base price of the subscription amount of the said package 3 from 155 to 178 without any prior intimation to the complainant and the same is not permissible in the eye of law. The complainant after getting increased of the base price for the subscription of the package 3 have duly made contact with the office of the O.P and requested the O.P to look after the matter and also asked for explanation with regard to the said increase of the subscription charges and not only that the complainant have also asked to know with regard to the charges per channel and also asked to know what are the free to air and what re the paid
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channels included in the said package 3 as subscribed by the complainant. Not only that, the O.P in every month charged service tax from the complainant and the complainant is in complete darkness about the remittance of the said tax to the government.
The complainant further stated that he has every right to know about the charges of per channels included in package 3 but surprisingly the O.P have miserably failed to provide all such information to the complainant and did not reply about queries of the complainant. The said very act of conduct on the part of the O.P is very much deficient and negligent and the complainant is entitled to know about the details of the package 3 as subscribed for. The said very act and conduct of the O.P was highly deficient and negligent in manner and the O.P has adopted the unfair trade practice by way of practicing misrepresentation and suppression of facts.
The complainant also stated that it is so unfortunate on the part of the complainant that he was deprived from using and enjoyment of the said channels for his own personal use and the very purpose of the same has not been fulfilled till date due to defects and sub standard parts and on that score the complainant got harassed and disappointed. To that effect after observing the said defects, immediately the complainant informed and reported the said fact to the O.P and also requested to do the needful and also issued one legal notice through his engaged advocate on 09.03.14. But the O.P remained silent without taking any positive steps. Hence the complaint.
The O.P has contested the case by way of filing written version.
The O.P stated that the complainant is not at all a bonafide consumer under the O.P as allegedly claimed by the complainant and the dispute as alleged is not at all a consumer dispute.
The O.P further stated that when the monthly subscription charge of Rs. 155/- was enhanced to Rs. 178/- per month, then the same was duly intimated by the O.P to the complainant and the complainant was also intimated that in addition to such monthly subscription charge, service tax @ 12.36% and amusement tax @ Rs. 10 per STB shall have to be paid by the complainant and as the complainant was well aware of such fact, the complainant has/ had been paying Rs. 178/- with service tax @ 12.36% and amusement tax @ Rs. 10 per STB in total Rs. 210/- as will appear from the receipts issued by the O.P in favour of
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the complainant and the O.P submitted that the choice of package i.e. package Nos. 1,2,3,4 & 5 is absolutely choice of the customer and for deference package, rate of subscription is different and the complainant was made aware of the same by landing over brochure/ leaflet.
The O.P also stated that the first time, the complainant has allegedly stated that the purpose of the complainant was not fulfilled due to defects and sub-standard parts and the O.P has no hesitation to submit that such statement has been made out by the complainant only for the purpose of filing this false case.
The O. P further stated that the O.P rendered proper service towards the complainant and still the O.P has been rendering its service to the fullest satisfaction of the customer in general and so question of suffering from huge mental and physical as well as financial did not / does not arise at all and in fact the complainant has miserably failed to make out any case of deficiency and/ or negligence and/ or unfairness on the part of the O.P and so the O.P has nothing to do but to deny and dispute each and every statement as made in this para and the complainant is under legal obligation to prove each and every statements by cogent evidence. Hence the O.P prayed for dismissal of the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
Both the parties have filed affidavit-in-chief. We have heard the submission of both the parties.
The complainant has submitted 9 money receipts showing the payment of cable charges for different months. The complainant also produced copy of letter showing that complainant gave a request to the O.P about the information regarding (1) B.C.N Economy enhanced extra Rs. 51/- (without tax) (2) B.C. N General enhanced extra Rs. 78/- (without tax) (3) B.C. N Standard enhanced extra Rs. 114/- (without tax) (4) B.C. N premium enhanced extra Rs. 158/- (without tax) as per right to information Act. But the O.P did not give any reply to the said letter. Thereafter, again the complainant gave a letter to the O.P, but the O.P did not give any reply to the said letter.
According to the O.P, the complainant was well aware of such fact of enhancement and payment of service and amusement tax, the complainant had /
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has been paying Rs. 210/- with such service tax and amusement tax. It is also stated by the O.P. for different package, the rate of subscription is different and the complainant was made aware of the same by handing over brochure/ leaflet to the complainant.
O.P further alleged that the O.P never increased the base price of the subscription amount of the package from Rs. 155/- to Rs. 178/- without any prior information to the complainant.
The O.P has filed one form containing terms and conditions issued by Barasat Cable Network Pvt. Ltd. The O.P also one subscriber application form (SAF), operation copy duly signed by the complainant issued by Barasat Cable Network Pvt. Ltd. The O.P further filed one identity card of the complainant issued by Election Commission of India duly signed by the complainant and one package data issued by CITY DIGITAL DAS PACKAGES.
From the terms and conditions of the documents it appears from point No.2 the channel list is subject to change from time to time. From point No.3 it appears that service tax @ 12.36 % + Amusement Tax @ 10% per month per STB is chargeable and point No.3 that Scheme are valid till further notice.
The complainant in his affidavit-in-chief has submitted that the complainant was deprived from using and enjoyment of the said channels for his own personal use and the very purpose of the same has not been fulfilled till date due to defects and sub standard parts and on that score the complainant got harassed and disappointed. The complainant informed about the said defects immediately and reported the said fact to the O.P to that effect and issued one legal notice on 09.03.14. But the O.P is silent without taking any positive steps.
According to the complainant, the service of the O.P is highly deficient in nature and O.P adopted unfair trade practice.
After considering the materials on record, we are of the view that the O.P has a duty to provide all details of the package 3 to the complainant personally. From the CITY DIGITAL DAS PACKAGES form it is not proved that the O.P intimated about packages 3 to the complainant. When the complainant is admittedly paying for this package 3 O.P should inform the complainant about the details of the said packages.
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It appears that after getting notice the O.P remained silent which the O.P should do it.
Accordingly, we are of the view that the complainant is entitled to get relief as mentioned in para ‘A’ of the prayer, but for the ends of justice we do not consider for imposing any compensation from the O.P. The complainant is entitled to get litigation cost from the O.P.
Hence
Ordered,
that the complaint be and the same is allowed in part on contest against the O.P.
The O.P is directed to provide all details of the package 3 as subscribed by the complainant with regard to charges per channel and what are the free to air channels and what are the paid channels included in the package 3 to the complainant within one month from the date of this order.
The O.P is also directed to pay Rs. 3,000/- as litigation cost to the complainant within one month from the date of this order, failing which the O.P shall have to pay sum of Rs 25/- per day from the date of this order till its realization, as punitive damages, which shall be deposited by the O.P in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
