Orissa

Cuttak

CC/142/2014

Mohan Chandra Mishra - Complainant(s)

Versus

Chief Executive,The Ortel Communications Ltd - Opp.Party(s)

Dayanidhi Mishra

25 Jul 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.142/2014

 

Sri Mohan Chandra Mishra,

Plot No.E/57, Sector-7,

CDA Housing Complex,Cuttack.                                         … Complainant.

 

Vrs.

1. The Chief Executive,

The Ortel Communications Ltd.,

At:C-1,Chandrasekharpur,

Bhubaneswar.

 

2. The Branch Manager,

Ortel Communications Ltd.,

At:Bharatia Tower,

Badambadi,Cuttack-12.                                                     … Opp. Parties.

 

Present:               Sri Bichitra Nanda Tripathy,Presiding Member.

Smt. Sarmistha Nath, Member.

 

Date of filing:  24.09.2014

Date of Order: 25.07.2016

 

Mr. Bichitra Nanda Tripathy,Presiding Member.

 

                This is a dispute wherein the complainant has alleged deficiency in service and also unfair trade practice on the part of the O.Ps.

Shortly the complaint is as follows:-

1. Sri Mohan Chandra Mishra,Complainant had taken a cable T.V. connection from the O.Ps which is also known as Sky View T.V vide his membership No.00058229 at Cuttack.  It is alleged that the cable service connection so provided by O.Ps was found inferior than that of TATA Sky.Airtel & Reliance etc.  It is also alleged that from March,2014 except D.D.1 & D.D.2 no other channels were seen by the complainant.  The complaint was lodged with the O.Ps over telephone by the complainant but no action was taken by the O.Ps.  On 16.04.2014 the complainant lodged a written complaint by speed post with Customer Care Manager,Ortel Communications Ltd.,Bhubaneswar vide complaint No.2954058 dt,17.4.2014 and did not pay the charges for April,2014.  Subsequently a mechanic of said Ortel Company (Sky View TV) visited complainant’s house on different dates and advised the complainant to go for installation of Set-Top Boxes.  On 3.5.2014 the complainant paid Rs.1300/- to Ortel Communication Ltd., Bhubaneswar (O.Ps) towards cost of set-top boxes vide money receipt No.551047 dt.03.05.2014.  Such set-top boxes were to be installed on 5.5.2014 as told by the O.Ps whereas the same was installed on 9.5.2014 at about 8.00 P.M. only after a written complaint was lodged by the complainant on 7.5.2014.  Such set-top boxes were activated w.e.f 10.05.2014.  So during May,2014 there w as no connection till 09.05.2014 from ORTEL.  Even if the set-top boxes were installed and activated from 10.5.2014, the same was found faulty at times for next few days for which service was not provided.  On 12.05.2014 the complainant served a legal notice to the O.Ps which yielded no result.  On 6.6.2014 the complainant was served with a bill of Rs.652.73p and the complainant was reluctant to pay such illegal claim.  He drafted a letter on 9.6.2014 and enclosed a cheque worth Rs.400/- subject to finalization of the disputed bill of Rs.652.73p.  The O.Ps disconnected the connection w.e.f 25.6.2014 which was also reported to O.Ps on the same day but the connection was not restored.  Due to such an action of the O.Ps the complainant was forced to purchase two more set top boxes from “Airtel Dish TV” by paying Rs.4000/-.  For such an action of the O.Ps the complainant suffered a loss of Rs.1300/- which was paid towards the set top boxes of M/s. ORTEL Communications Ltd., Bhubaneswar.
2. Finding no other way, the complainant has taken shelter under this Hon’ble Forum and has prayed for compensation worth Rs.78,300/- of which Rs.50,000/- towards mental agony, Rs.3,000/- towards inconveniences faced after installation of Ortel digital connection, Rs.10,000/- towards giving false promises by the agent of O.P. Rs.1300/- towards cost of set-top boxes, and Rs.12,000/- towards not providing qualitative and timely services and also a further sum of Rs.10,000/- as cost of litigation.
3. We have gone through the complaint carefully and also perused the documents/papers as submitted by the complainant as well as by the O.Ps.
4. Observations.

1. The complaints lodged by the complainant were not attended promptly by the O.Ps.
2. Bill for May,14 issued by the O.P on 1.6.14 was given for the full month whereas the set-up-boxes were connected w.e.f 10.5.2014.  Vide letter dt.12.5.14 the complainant has also intimated that they have not viewed T.V till 9.5.14 for cable fault.
3. The complainant made a payment of Rs.400/- towards the bill of May,2014 issued on 4.6.14 whereas the O.Ps disconnected the connection on 25.6.14 without intimating the reasons of such disconnection/without giving a scope to the complainant to settle the issue.

5. Basing on the facts and circumstances as stated above and also to meet the ends of justice, we are of the opinion that the O.Ps have failed to render proper services to the complainant, hence O.ps are at fault.

ORDER

                The dispute is allowed against the O.Ps.

1. O.Ps will refund a sum of Rs.1300/- to the complainant towards cost of set-top boxes as paid by him.
2. O.Ps will also pay a sum of Rs.5000/- towards compensation for mental agony, inconveniences etc including cost of litigation.  The complainant will return the set-top boxes purchased from O.Ps for Rs.1300/- at the time of receiving the above amount from the O.Ps.

O.Ps will pay the complainant the above amount (as stated vide Sl. No.1 & 2 of this order) within 45 days from the date of receipt of this order by the O.Ps, failing which the complainant is at liberty to take shelter of this court under C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 25^th day of July, 2016 under the seal and signature of this Forum.

                        (Sri B.N.Tripathy )

                                                                                                                                       Presiding Member.

 

                                                                                                                                   (Smt. Sarmistha Nath) 

                                                                                                                   Member(W).