DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

       GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 247/2014

D.No.__________________         Date: ________________

IN THE MATTER OF:

HAZARI LAL AGGARWAL,

S/o LATE SH. SANTA SINGH,

R/o 7/1, 1^st FLOOR,

INDIRA VIKAS COLONY,

DELHI-110009.              … COMPLAINANT

Versus

1. DISH TV INDIA LTD.,

    (THROUGH ITS M.D.),

    HAVING OFFICE AT: B-10,

    LAWRENCE ROAD INDL. AREA,

DELHI-110035.

2. M/s BALAJI SANCHAR GROUP,

    (THROUGH ITS MANAGER),

    HAVING OFFICE AT: H-14, 2^nd FLOOR,

    MAIN MARKET, KINGSWAY CAMP,

HUDSON LANE, DELHI-110009.                 … OPPOSITE PARTY(IES)

CORAM :SH. M.K. GUPTA, PRESIDENT

               SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

                                                            Date of Institution: 25.02.2014

                                               Date of decision: 06.09.2017

SH. BARIQ AHMED, MEMBER

ORDER

1.       Complainant has filed the present complaint against the OP under

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          Section 12 of the Consumer Protection Act, 1986 thereby allegingthat the complainant paid an amount of Rs.1,290/- to OP-2 on 08.11.2012 vide receipt no. 35396 for installation of the Dish TV but the OPs failed to install Dish TV at the residence of the complainant despite sending reminders and letters but OPs did not pay any heed to the request of the complainant and as such OPs have usurped the money of the complainant. A legal notice dated 30.10.2013 was also sent to the OPs but of no result.

2.                 On these allegations the complainant has filed the present complaint with a prayer to direct the OPs to install the Dish TV connection at the residence of the complainant and has also sought Rs.75,000/- as compensation for harassment and mental agony and also sought an amount of Rs.10,000/- towards litigation cost.

3.       The OP-1has been contesting the case and filed written statement wherein OP-1 submitted that the complaint filed is false, frivolous and vexatious and same is liable to be dismissed and there is no deficiency in service on the part of OP-1 as OP-1 has never received any request for installation of Dish TV connection from the complainant or from anyone else and has also not received any amount for installation of Dish TV connection. OP-1 further submitted that OP-2 ceased to be a dealer/distributor of OP-1 in October-2013 and OP-1 did a full & final settlement with OP-2.

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          OP-1 accordingly contended that there is no cause of action against it.

4.       Whereas none for OP-2 appeared despite service of notice on 26.02.2014 as per track report.

5.       In order to prove his case the complainant filed his own evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of receipt no. 35396 dated 08.11.2012 of Rs.1,290/- issued by OP-2, activation kit issued by OP-1 and also placed on record copy of legal notice dated 30.10.2013 alongwith postal receipts.

6.       On the other hand on behalf of OP-1Sh. Prantik Chakraborty, authorized representative filed his affidavit in evidence which is as per lines of defence taken by OP-1 in the reply.Subsequently none for OP appeared and OPs were proceeded ex-parte vide order dated 03.05.2017.

7.       We have heard submissions of counsel for the complainant advanced at the bar and perused the record.

8.                 This Forum has considered the case of the complainantin the light of evidence of both the parties and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted and there is nothing on record to

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          disbelieve the case of the complainant. It is the admitted case of  OP-1 that OP-2 ceased to be a dealer/distributor of OP-1 in October-2013 but it shows that OP-2 was the authorized dealer/distributor of OP-1 on 08.11.2012. Thus OP-1 cannot escaped from its liability.

  9.               Accordingly,as the Dish TV connection was not installed at the residence of the complainant so both the OPs are held guilty of deficiency in service and unfair trade practice. Accordingly, this forum orders as follows:

i).    To return to the complainant an amount of Rs.1,290/- being the amountreceived for installation of Dish TV connection.

10.     The above amount shall be paid by the OPsjointly or severally to the complainant within 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If the OPs fail to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

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11.     Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.

Announced on this 6^th September, 2017.

  BARIQ AHMED                       USHA KHANNA                      M.K. GUPTA

    (MEMBER)                 (MEMBER)                        (PRESIDENT)