| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No.485 of 2014 Date of Institution: 02-09-2014 Date of Decision: 28-05-2015 S.Tejbir Singh son of S.Bhupinder Singh, resident of VPO Nag Kalan, Tehsil & District Amritsar. Complainant Versus - Fast Ways Transmission Private Limited, Lajya Tower, Near EPF Building, Sham Nagar, Ludhiana through its Director/ M.D/ Manager.
- Director, Fast Ways Transmission, B-Block, Ranjit Avenue, Near PNB, Amrisar.
- Kuldip Singh, Cable Operator of Fast Ways Transmission, VPO Nag Kalan, Tehsil & District Amritsar.
Opposite Parties Complaint under section 11 and 12 of the Consumer Protection Act, 1986 as amended upto date. Present: For the Complainant: Sh. S.K.Sharma, Advocate For the Opposite Parties No.1 & 2 : Exparte. For the Opposite Party No.3: Sh.Kuldip Singh, in person. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by S.Tejbir Singh under the provisions of the Consumer Protection Act alleging therein that he obtained cable connection of his televisions from Opposite Parties No.1 & 2 through Opposite Party No.3 who is the cable operator of Fast ways Transmission at VPO Nag Kalan, Tehsil & District Amritsar. Complainant alleges that two set boxes have been provided in his premises by Opposite Parties bearing Serial No.S/N FCBD WLGWM & FCBD WDGXF for which total rental is Rs. 400/- per month i.e. Rs.250/- per month for the first set box and Rs.150/- per month for the second set box. Complainant further alleges that although the security for each set box is Rs.800/-, but the Opposite Party No.3 has charged Rs.1000/- per set box and no receipt was issued by them. Even the Opposite Party No.3 is also charging the rental of Rs.450/- per month from the complainant, that too without issuing any receipt to him despite various requests and demands made from time to time, but the Opposite Party No.3 put off the matter on one pretext or the other. The complainant approached Opposite Party No.2 and brought to their notice such act, conduct and attitude of Opposite Party No.3. When the Opposite Party No.3 came to know that his complaint was made by the complainant to Opposite Parties No.1 & 2 regarding the excess charges, he illegally, malafidely, arbitrarily disconnected the cable connection of the complainant in the month of April, 2014. In this regard, the complainant made so many calls on the toll free numbers of the Opposite Parties, but to no affect. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to restore the aforesaid cable connection immediately; to charge the prescribed chares and to issue receipts for the same; to refund the amount charged excess from the complainant with interest @ 12% per annum. Compensation and litigation expenses were also demanded.
- None appeared on behalf of Opposite Parties No.1 & 2, so Opposite Parties No.1 & 2 were proceeded against exparte vide order dated 13.10.2014 of this Forum.
- On notice, Opposite Party No.3 appeared and filed written version in which it was submitted that the answering Opposite Party never charged Rs.1000/- from the complainant instead of Rs.800/-. It is also denied that the answering Opposite Party has charged Rs.450/- pr month from the complainant instead of Rs.400/- per month. The cable connection of the complainant was ever disconnected in the month of April, 2014. Actually, the cable connection of the complainant was disconnected in the month of July, 2014 due to non payment of rent by the complainant. Had the complainant paid the rent regularly to Opposite Party No.2, there was no reason to disconnect the connection of the complainant. While denying and controverting other allegations, dismissal of complaint was prayed.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C5 and closed the evidence on behalf of the complainant.
- Opposite Party No.3 tendered into evidence affidavit of Sh.Kuldip Singh Ex.CW3/1 and closed the evidence on behalf of the Opposite Party No.3.
- We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the complainant and Sh.Kuldip Singh, Opposite Party No.3 and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the complainant.
- From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant got cable connection of Fast ways Transmission at VPO Nag Kalan, Tehsil & District Amritsar. Complainant alleges that he got two set boxes from the Opposite Parties for which total rental is Rs. 400/- per month i.e. Rs.250/- per month for the first set box and Rs.150/- per month for the second set box. Same were installed in the premises of the complainant in the month of January, 2014, but the Opposite Party No.3 Cable Operator has been charging the rental of Rs.450/- per month as against Rs.400/- per month from the complainant and that too without issuing any receipt. Complainant further alleges that although the security for each set box is Rs.800/-, but the Opposite Party No.3 has charged Rs.1000/- per set box and no receipt was issued by them. Complainant lodged complaint with Opposite Parties regarding the receipts of security amount as well as rental charges of the set boxes, but Opposite Party No.3 did not pay any heed to the request of the complainant. The complainants were made to Opposite Parties No.1 & 2 in this regard in the month of April, 2014, then the Opposite Party No.3 became annoyed and disconnected the cable connection of the complainant in he month of April, 2014. The complainant made various complaints on toll free numbers in the month of May, 2014, but to no affect. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties.
- Whereas the case of the Opposite Party No.3 is that Opposite Party No.3 never charged any excess amount from the complainant. He denied that a sum of Rs.1000/- was charged as security for each set box from the complainant instead of Rs.800/- per set box. He also denied that Opposite Party No.3 has ever charged Rs.450/- per month from the complainant instead of Rs.400/- per month. In fact, the cable connection of the complainant was disconnected in the month of July, 2014 and not in the month of April 2014 and that too due to non payment of rent by the complainant. Had the complainant paid the rent regularly to Opposite Party No.2, there was no reason to disconnect the cable connection of the complainant. So, the complainant has not come to this Forum with clean hands. Opposite Party No.3 submitted that there is no deficiency of service on the part of the Opposite Party No.3.
- From the entire above discussion, we have come to the conclusion that the complainant got cable connection of Opposite Parties No.1 & 2 through Opposite Party No.3 at village Nag Kalan, Tehsil & District Amritsar. He got two set boxes from Opposite Party No.3 which were installed at the premises of the complainant at village: Nag Kalan, Tehsil & District Amritsar. Complainant alleges that Opposite Party No.3 has taken security amount of Rs.1000/- for each set box as against the security of Rs.800/- per set box. He further alleges that Opposite Party No.3 has been charging Rs.450/- as rental for 2 set boxes as against Rs.400/- per month ( Rs.250/- per month for the first set box and Rs.150/- per month for the second set box), but the complainant could not produce any documentary evidence to prove that Opposite Party No.3 has charged Rs.1000/- as security per set box as against Rs.800/- per set box nor the complainant could produce any documentary evidence that the Opposite Party No.3 has charged Rs.450/- per month as rental as against Rs.400/- per month whereas this fact has been totally denied by Opposite Party No.3 who has categorically stated that he charged the amount as per the prevalent/ authorized rates of Fastways. The main grudge of the complainant is that his cable connection was disconnected in the month of April 2014 . Whereas the Opposite Party No.3 has stated that the cable connection of the complainant was disconnected because of non payment of the rent by the complainant for the months April, May and June 2014 and that too it was disconnected in the month of July 2014 and not in the month of April 2014. However, during the course of arguments, it is stated by Opposite Party No.3 that he is ready to install the cable connection of the complainant and would issue the receipts of the rental to the complainant and Opposite Party No.3 further submitted that he would not charge the previous rental of cable connection due payable by the complainant.
- Resultantly, this complaint is disposed of with the directions to Opposite Party No.3 to reinstate/ re-install the cable connection of the complainant without charging any previous amount and shall properly issue the receipts of rents to the complainant, within one month from the date of receipt of copy of this order. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Dated: 28-05-2015. (Bhupinder Singh) President hrg (Anoop Sharma) (Kulwant Kaur Bajwa) Member Member | |
