22.07.2015 Present:- Sh.Rohit Jain, counsel for complainant.
Heard on the point of admission of complaint.
The crux of the allegations of the complainant is that on 4.7.2013, he made recharge of Rs.3000/-. Opposite parties informed the complainant that he has been charged at Rs.165/- per month and next switch of date is 19.8.2015. On 21.1.2015, the complainant found that the switch off date in his account is shown as 6.2.2015. The complainant made recharge of Rs.1650/- on that very date and received three SMSs on his mobile i.e. first for confirmation of payment of Rs.1650/-, second for information that he has been charged Rs.230/- per month and his next recharge date is 12.9.2015 and third for intimating him that he has been given 2 extra channels and will be charged Rs.240/- per month w.e.f. 1.10.2015.
It is further allegations of the complainant that on 12.2.2015, the complainant opted for watching Star Sports-1 and Star Sports-2 for one month only, for which a monthly rent was Rs.30/-, but the next recharge date of 28.9.2015 was changed to 1.9.2015. Although, opposite parties were supposed to deduct Rs.30/- only. It is allegation of the complainant that opposite parties are charging arbitrarily and malafidely from the complainant. Hence, this complaint.
We have heard learned counsel for complainant on the point of admission of complaint.
From the perusal of complaint, it reveals that there are two grouses of the complainant. Firstly, the complainant has been charged Rs.230/- per month and Rs.240/- per month with two additional channels. Although, it is the case of the complainant that he has not opted for two extra channels, but at the same time there is nothing to show that the complainant requested for discontinuance of extra channels.
Regarding rate of monthly subscription, the complainant himself has placed on record number of e-mails exchanged with opposite parties and e-mail dated 4.7.2013 reveals that the complainant was informed that his package of Super Family is worth Rs.220 per month. It was also informed to the complainant that his previous package old Family Pack is currently not available in their platform and opposite parties cannot change his package to previous package. Therefore, the complainant was already made aware of revised rate and has opted for continuance after receipt of this information.
The second grouse of the complainant is that he opted for Star Sports-1 and Star Sports-2 channels @ Rs.30/- per month on 12.2.2015, but his switch off date is changed. The complainant himself has placed on record copy of advertisement regarding availing of Star Sports-1 and Star Sports-2 @ Rs.30/- per month, but there were some other conditions also. When the complainant has opted for these channels, it is presumed that the complainant accepted those conditions also.
The complainant was directed to furnish conditions under which he opted for Star Sports-1 and Star Sports-2, but he has not placed on record those conditions. The complainant has moved application wherein he has stated that he was never supplied these conditions nor these conditions were displayed on the website, but his plea is not acceptable as the offer was subject to conditions and complainant opted for these channels presumable accepting those conditions. When the complainant has failed to place on record those conditions, which were the basis for deciding the grouses, the complaint cannot be admitted and stands rejected. File be consigned to record room.
Announced:-
22.7.2015
(Jarnail Singh) (Sukhwinder Kaur) (M.P.S Pahwa)
Member Member President