Haryana

Ambala

CC/98/2018

Gourav Momia - Complainant(s)

Versus

Dish TV India LTd - Opp.Party(s)

19 Apr 2019

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA

 

 

                                                                      Complaint case no.        :  98 of 2018

                                                          Date of Institution         : 14.03.2018

                                                          Date of decision    :  19.04.2019

 

 

Gourav Momia S/o Sh.Amrit Lal R/o # 57, Sector-4, HUDA, Naraingarh, Tehsil Naraingarh, District Ambala.

 

……. Complainant.

 

 

1.       Dish TV India Ltd. FC-19, Sector 16-A, Film City Noida, Uttar Pardesh (India) 201301.

2.       Goel Electronics Main Bazar Naraingarh, Opposite Punjab National Bank Naraingarh, District Ambala

 

 ….…. Opposite Parties.

 

Before:        Ms. Neena Sandhu,  President.

                   Ms. Ruby Sharma, Member,

Sh. Vinod Kumar Sharma, Member.

                  

                            

Present:       Sh. Vijay Kumar, Advocate, counsel for complainant.

Sh. Prem Sagar Sharma, Advocate, counsel for OP No.1.

Sh. Yogesh Kumar Pal, Advocate, counsel for OP No.2.

 

 Order:        Smt, Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties(hereinafter referred to as ‘Ops’) praying for issuance of  following directions to them:-

1. To pay Rs.50,000/-, alongwith interest @ 18% p.a.  for deficiency in rendering service by the OPs.
2. To pay of Rs.20,000/- as compensation for mental agony and harassment suffered by him. 
3. To pay Rs.20,000/- as litigation expenses.

 

In nutshell, brief facts of the present complaint are that complainant had taken two Dish TV connections i.e. parent and child connection from the Ops.  Parent Connection VC No.01504541987 and Child Connection VC No.01527792982, having recharge date,  21.01.2018 and switch off date 24.01.2018.  On 18.01.2018, at about 09:45 PM, complainant  switched on the TV, having child connection and found that there was no display on the channels, inspite of the fact that the switch off date of the said connection was 24.1.2018. After that, he made a call to Dish TV customer care no. i.e. 18602583474 at 09:49 PM, on same day and also talked to the customer care executive namely Deepak Kara, who was talking from Bhopal and told him to keep his TV ON, on channel no.96. Complainant followed all the instructions but the problem persisted again.  Since the Ops. failed to rectify the problem, therefore complainant and his family members could not see the program which they intended to see.  Due to non display of the programmes on the channels prescribed under child connection, the complainant and his family have suffered a lot of mental agony and physical harassment.  Complainant served a registered AD,  legal notice dated 19.01.2018 upon the  Ops but no reply was given by the them. The said act of the Ops amounts to deficiency in services Hence, the present complaint.  

2.                 Upon notice, OP No.1 appeared through counsel and filed written version, raising preliminary objections qua complaint is not maintainable being false and frivolous; not come with clean hands; no jurisdiction and no cause of action. On merits, it is stated that the complainant is a subscriber of the OP No.1 since 2007 and since then he was enjoying  the services of the OP No.1.  The complainant on 18.01.2018, for the first time approached  the customer care of the OP No.1 regarding non-display of the channels  in child connection. The OP No.1 called at the customer care number on 18.1.2018 and informed the executive of the OP No.1 about the grievance of the complainant and the said executive of the OP No.1 duly sent a fresh command and the issue  raised by the complainant got resolved. After receiving the  notice from the complainant, the executive of OP No.1, duly informed the complainant on 23.01.2018 telephonically that the issue which has been raised by him in the notice, has already been redressed and complainant also confirmed that all the channels are working properly. During the call, complainant requested the executive to call back on 24.01.2018 at about 10 AM for some query. Accordingly the said executive called the complainant, but the complainant again requested him to call in the evening at around 5 PM.  The said executive again called the complainant at 5 pm, but the said call got disconnected as unanswered. The executive of OP No.1 as a good will gesture, offered the complainant a free of cost subscription for a period of 2 weeks but all the efforts of the OP No.1, went in vain and the complainant further demanded, free of cost subscription for a period  of one year, which clearly shows that the present complaint filed by the complainant is false and frivolous and deserves dismissal.

3.                 To prove his version complainant tendered affidavit, Annexure C/A alongwith documents, Annexure C-1 to C-8 and closed the evidence. On the other hand, Counsel for OP No.1 tendered affidavit, Annexure RW1/A alongwith documents Annexure R-1 and closed the evidence. Learned counsel for OP No.2 tendered affidavit as Annexure RW2/A and closed the evidence.

4.                 We have heard the learned counsel for the parties and carefully gone through the case file.

5.                 Learned counsel for the complainant has argued that the complainant is having dish TV connections i.e. parent & child connections. On 18.1.2018 at about 9.40 pm, there was no service on the child connection despite fact that the switch of date of the said connection was 24.1.2018. Complainant lodge the complaint with the Ops but no action was taken by them to restore the services, due to which the complainant and his family could not see the programme, which they intended to watch.

The Learned counsel for the Ops vehemently argued that complainant is having the aforesaid connection since 2007. He lodged the  complaint for first time on 18.1.2018, regarding non display of channels in the child connection. The said complaint was duly resolved by the Ops on same day itself. After receiving a notice from the complainant, the executive the Op No.1, on 23.1.2018 telephonically informed the complainant that his grievance has already been redressed and he acknowledged the said fact. During the call the complainant requested the said executive to call him again on 24.10.2018 at 10 am for enquiring the matter. Accordingly the said executive called the complainant but he again made a request to call him in evening at 5 pm. The said executive again called the complainant but he did not pickup the phone, thereafter the said executive sent a e-mail to the complainant but he did not reply. The complainant has unnecessarily filed the present complaint therefore, same may be dismissed with costs.

It may be stated that no documentary evidence has been produced by the complainant to prove this fact that the no action was taken by the Ops for redressal of his grievance for the complaint which was lodged  on 18.1.2018. As such we do not find any merits in the present complaint, consequently we dismiss the same without any order as to costs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on : 19.4.2019.

 

 

(Vinod Kumar Sharma)              (Ruby Sharma)     (Neena Sandhu)

            Member                     Member                       President