Delhi

East Delhi

CC/534/2016

MAYA JAIN - Complainant(s)

Versus

DIVINE DIGITAL NETWORK - Opp.Party(s)

19 Mar 2018

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no          534/2016

                                                                                                  Date of Institution                04/10/2016

                                                                                                  Order Reserved on               19/03/2018

                                                                                                  Date of Order                        21/03/2018                                                                                                                                                                                                                                                                                                                                                                                                                                                       

In matter of

Mrs. Maya Jain, adult   

w/o  Late Sh. R C Jain  

r/o- 113 A, Neelkanth Apptt.     

Plot no. 46, I P Extn., Delhi-110092 …………...…………….Complainant

                                                                  

                                                                                 Vs

1-M/s Devine Digital Network

(earlier as Hariom Cable Network)

A-104, 2^nd Floor, Main Market

Madhu Vihar, Delhi 110092

 

2-DEN Network Ltd. 

1^st Floor, DDA Market Complex,

Opp. Prince Apptt., I P Extn. Delhi 110092 …………………Opponent

 

Complainant’s Advocate -                 Mr S K Jain & Mridul Jain

Opponents  -                                        Ex Parte                           

 

Quorum                                                Sh Sukhdev Singh   President

                                                               Dr P N Tiwari           Member                                                                                                   

                                                               Mrs Harpreet Kaur Member

 

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case                                                                                                

Complainant took cable connection from OP1 in 2009 for monthly rent of Rs 150/- pm. In 2012 OP2 intimated that complainant had to take a digital set top box and services would be provided by OP2/DEN Cable Network (Ex CW1/1A, 1B & 1C) so complainant took set top box after paying security of STB Rs 799/-which was refundable. Later security deposit was enhanced to 1000/-in 2013 which was paid by the complainant and the monthly rent was also enhanced to Rs 225/- for one connection and additional connection in the same house Rs 125/-(Ex CW1/2,2a,2b,2c,2d & 3).    

It was stated that OP2 further enhanced security deposit to 1200/- as refundable so was paid the amount, but no receipt was given by OP2. It was stated that OP2 further enhanced monthly rent to Rs 350/- per month for first connection and second at Rs 250/-in same house in March 2016 which was not paid and requested to give one week time to compare with other network provider in the market, but his cable connection was disconnected without giving any notice to the complainant which caused him lot of mental agony and harassment to the complainant. So, complainant took another new cable connection from Videocon d2h (Ex CW1/4) after paying Rs 2005/-. Hence sent a legal notice to OP1 on 26/05/2016 to refund Rs 2200/- and Rs 3695/- which he paid for a new connection and also asked for compensation of Rs 50,000/-.When no reply was received, filed this complaint and claimed refund of Rs 2200/-and Rs 3695/- with 24% with litigation charges.   

Notices were un served upon OPs despite of issuing notices number of times, so complainant’s counsel requested for Dasti notice for service. Even dasti notices could not be affected so complainant’s counsel submitted an affidavit that notices were not served as OPs office was found locked. He submitted few photos of the shop showing OP1’s sign board (Ex CW1/6&7).  Hence OPs were preceded Ex Parte. Thereupon complainant submitted Ex-Parte evidence on affidavit.

For arguments, number of opportunities were given to complainant through notices, but complainant or her counsel put appearance or submitted his written arguments. OPs counsel appeared and argued that there was no deficiency in their services and due to nonpayment of monthly dues, cable connection was disconnected. OPs issued number of notices as per the Cable guidelines of Digital Network system where time to time monthly rents were affected.

 

File was perused and order was reserved. 

After seeing all the facts and evidences on record, it was noted that complainant had not paid subscription regularly in reference to evidence Ex CW1/1, 1A, B & C and Ex CW1/2, 3, 4 & 5.It was also evident from the record that photos submitted on record does not show OP2 sign board (Ex CW1/6&7) and complainant took another cable connection from DEN / OP2 and paid their charges. It was also seen that OP disconnected cable network when complainant did not pay monthly rent despite of receiving notices from OP2 cannot be ascertained that alleging deficiency, illegal and unlawful services with unfair trade practice of OPs leading to suffer huge financial loss, harassment with mental agony has not been established.

Hence, we come to the conclusion that this complaint has no merits and deserves to be dismissed, so dismissed without cost. 

 

The copy of this order be sent to the parties as per the regulation 18 of the Consumer Protection Regulations,2005 (in short the CPR) and file be consigned to the Record Room under regulation 20(1) of the CPR.

 

(Dr) P N Tiwari Member                                                                            Mrs Harpreet Kaur Member                                      

                                      

                                                Shri Sukhdev Singh President