IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the      30^th      Day of  December   2021

  Present: -  Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President

      Smt.S.Sandhya Rani, Bsc, L.L.B,Member

                   Sri.Stanly Harold, B.A.LLB, Member

                                                    CC.189/19

P.Sarasan                                 :         Complainant

Tata Sky ID 1288936410

Chithira, OKRA-103

Olayil, Thevally P.O

Kollam-691009.

V/s

1. Branch Manager                  :         Opposite parties

         Branch Office

        Tata Sky Ltd.

        Noyal Focus

        6^th Floor,Sea Port

         Airport Road, Chittethukara CSEZ P.O

        Kerala-682037.

        [By Adv.Thomas P.Kuruvilla&A.Jani]

2. M/s  Signal Electronics

Sishira, Kadappakkada Nagar-1

Opposite Ramco Cement Godown

Kadappakkada, Kollam.

[By Adv.P.Sajeev Babu]

FINAL   ORDER

E.M.MUHAMMED IBRAHIM , B.A, LL.M, President

            This is a case based on a consumer complaint filed u/s 12 of the Consumer Protection Act 1986.

          The averments in the complaint in short are as follows:-

          The complainant was a customer of  Asianet Cable HD connection attracted by the advertisement in the Mathrubhoomi daily dated 28.09.2018 published by  Tata Sky to the effect that one can obtain Tata Sky HD connection if paying Rs.2499/-.  The complainant approached the 2^nd opposite party which is the recognized dealer of the Tata Sky at Kollam obtained connection.  But the 2^nd opposite party insisted to pay Rs.2700/- which is against the amount advertised in the above news paper.  Out of Rs.2700/- demanded the complainant paid Rs.500/- as advance and paid the remaining Rs.2200/- and obtained cash bill in respect of the above payment.  The connection was for 1 year starting from 08.10.18 and will end on 08.10.19.  The complainant has not taken any additional pay channel from the 2^nd opposite party.  However the 2^nd opposite party cut the Tata Sky HD connection  bearing No.1288936410.  Later cable connection without HD continued till 27.07.2019.  On 28.07.2019 the 2^nd opposite party has sent a message stating that no balance in the account of the complainant and also cut the Tata Sky connection and also sent SMS stating that the complainant has to pay Rs.350/- as monthly subscription for getting Tata Sky HD connection.  The above conduct of the 2^nd opposite party is deadly against the terms and conditions advertised in the above Mathrubhoomi daily.  The 2^nd opposite party has disconnected the cable connection of the complainant without consulting the 1^st opposite party and also without the prior permission of the 1^st opposite party and thereby the complainant has sustained a loss of Rs.3450/-.  He has also sustained mental agony apart from financial loss.  Therefore the complainant filed the present complaint claiming compensation and to make amend the loss sustained to him due to the above act of the 2^nd opposite party.  Though notice was served on opposite party No.1&2 they remained exparty. 

The complainant filed proof affidavit by re-iterating the averments in the complaint and also got marked Ext.A1 advertisement in the Mathrubhoomi daily dated 28.09.18 containing the advertisement of the Tata Sky and also produced cash bill dated 05.10.18 and 08.10.18  evidencing that the complainant has paid Rs.500/- as advance on 05.10.18 and also paid the remaining amount of Rs.2200/- to the 2^nd opposite party on 08.10.2018 to the 2^nd opposite party.  The unchallenged averments in the complaint coupled with Ext.A1 to A3 would well establish the case of the complainant .

It is clear from the available materials that the complainant availed the service of the above opposite parties by paying Rs.2700/- .  Hence he is a consumer as defined under the Consumer Protection Act and the opposite parties are service providers.  It is clear that Ext.A2 &A3 cash bills the 2^nd opposite party has realized Rs.201/- in excess of the amount offered for connection  in the advertisement.  It is also clear from the available materials that though the complainant has availed Tata Sky HD connection for 1 year the 2^nd opposite party has disconnected the HD connection after 1 month and also disconnected the ordinary cable connection after 8 and odd months by claiming that no balance is outstanding and also insisted to pay Rs.350/-  per month as monthly subscription charges.  The above act of the 2^nd opposite party is undoubtedly amounts to unfair trade practice as well as deficiency in service.  The complainant has clearly sworn in the proof affidavit that due to the above conduct of the 2^nd opposite party he has sustained mental agony apart from financial loss of Rs.3450/-.  There is chance of sustaining mental agony due to the above conduct of the 2^nd opposite party.  But there is no chance of causing any loss to the tune of Rs.3450/- as claimed in the complaint as well as proof affidavit and in the relief portion of the complaint.  Admittedly the complainant has used Tata Sky HD connection for 1 month from 08.10.18 to 08.11.18 and thereafter he has used ordinary connection of Tata Sky for 7 and odd months.  Therefore the monitory  loss sustained by the complainant is to be considered as half of the amount spend by him for obtaining the HD connection.

The 2^nd opposite party has abruptly disconnected the HD connection and also disconnected the ordinary cable connection also without permitting him to view the TV.

In the circumstances mental agony sustained by the complainant will be very high.  Therefore we are of the view that complainant is entitled to get compensation to the tune of Rs.2000/-.  The complainant is also entitled to get the costs of the proceedings.

          It is brought out  in evidence that 2^nd opposite party is working under the 1^st opposite party.  Therefore it is to be considered that the 1^st opposite party is the principal and 2^nd opposite party is the agent in the dealership of Tata Sky HD Connection.  The principal is also liable for the misfeasance and malfeasance of its agent.  Therefore both the opposite parties are equally liable to compensate the loss sustained to the complainant and also pay compensation and costs to the complainant.

          In the result opposite party No.1&2 are directed to pay Rs.1350/- as the financial loss caused to the complainant on account of the disconnection of Tata Sky cable connection given to the complainant after receiving charges for one year.

          Opposite party No.1&2 are also directed to pay Rs.2000/- as compensation and Rs.1000/- as costs of the proceedings to the complainant.

          The opposite parties are directed to comply with the above directions within 45 days  from the date of receipt of a copy of this order failing which the complainant is entitled to recover the above amount with interest @9% p.a except for  costs  from the date of complaint till realization from the opposite party No.1&2 jointly and severally and from their assets.

Dictated to the Confidential Assistant  Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 30^th   day of  December   2021.

E.M.Muhammed Ibrahim:Sd/-

           S.Sandhya Rani:Sd/-

           Stanly Harold:Sd/-

            Forwarded/by Order

            Senior Superintendent

INDEX  

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext A1        :  Paper cutting

Ext A2        :  Copy of cash bill dated 05.10.18

Ext.A3        :  Copy of cash bill dated 08.10.18

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil

 E.M.Muhammed Ibrahim:Sd/-

            S.Sandhya Rani:Sd/-

           Stanly Harold:Sd/-

           Forwarded/by Order

           Senior Superintendent