ADV. RAVI SUSHA, MEMBER.
Complainant took a Dish TV connection from the 1st op.party and paid Rs.2,500/- for the Setup box with Dish Antenna. The opp.party had given an offer of one year free connection and after that per month Rs.25/- each has to be paid to the 1st opp.party. But after 4-5 months the connection was disconnected by the opp.party and demand Rs.125/- for each month. The complainant’s repeated demands, the opp.party reinstated the connections till one year free period which already they offered. Then disconnected and asked for Rs125/- each month, which was against their offer. Hence the complainant filed this complaint for getting compensation.
Opp.party 1 filed version stating that at the time of taking the connection complainant has signed an agreement that he was entitled for one year free connection and after that he shall pay Rs. 125/- per month.
Addl. opp.party 2 also filed version contenting that the complaint is liable to be dismissed on the ground that this forum has no jurisdiction to entertain this complaint as in the agreement entered between the complainant and the opp.party there is an arbitration clause and also that no such offer had been provided to the complainant by paying merely Rs.25/- every month. The complainant is entitled for free dish TV services for one year.
Points that would arise for consideration are:
1. Whether there is any deficiency in service on the part of opp.parties
2. Reliefs and cost.
For the complainant PW.1 was examined and marked Ext. P1 to P3. From the side of 2nd opp.party Exts. D1 to D3 were marked.
POINTS::
Here the main point to be decided is whether the opp.party has given any offer to the complainant that he was entitled for one year free connection and after that paying Rs.25/- per month. Opp.parties 1 and 2 contended that no such offer had been provided to the complainant by paying merely Rs.25/- every month. Opp.party 1 in their version stated that complainant has signed an agreement at the time of taking the connection with a condition that one year free connection and after that the complainant shall pay Rs.125/- per month. Opp.party 1 did not adduce any evidence oral or documentary. They simply filed a version contenting that the complainant has signed an agreement . From version of opp.party 1 it can be seen that the said agreement is with them. But opp.party 1 did not adduce any evidence, even not cross examined the complainant. Opp.party 2 filed a general terms and condition. From that terms and condition we cannot assume that the complainant has signed such an agreement. It is the duty of opp.party 1 to prove their version. Opp.party 1 did not adduce any sufficient documentary evidence to substantiate their version. As there is no evidence from the side of opp.party 1, we are constrained to rely upon the evidence of the complainant. As per Sec.3 of Consumer Protection Act existence of an arbitration clause in the agreement cannot bar a consumer to file and conduct case before the Consumer Redressal For a.
On considering the entire evidence we are of the view that there is deficiency in service on the side of opp.parties. The complainant is entitled to get relief.
In the result the complaint is allowed. Opp.parties are directed to pay Rs.2000/- to the complainant as compensation. The order is to be complied with within one month from the date of receipt of the order.
Dated this the 27th day of July 2010
I N D E X
List of witnesses for the complainant
PW.1. - Baburajan
List of documents for the complainant
P1. – Users Manual
P2. – Users guide
P3. – Helpline phone numbers card
P4. – viewing card
List of witnesses for the opp.parties: NIL
List of documents for the opp.parties
D1. – Authorization
D2. – Terms and conditions
D3 – Statements of accounts
