Shyamal Kumar Ghosh, Presiding Member

The appeal has been directed against the judgment and order dated 24/01/2019 passed by ld DCDRC, Hooghly in CC case no – 175/2017 wherein the Trial Commission concerned while disposing of the said complaint case dismissed the same ex-parte without cost and being aggrieved by such order, the present appeal has been preferred by the appellant/complainant.

The brief fact of the case is that the complainant booked number of channels including History TV 18 for three months i.e. from the month of July 2017 to September 2017 and to that effect the complainant paid the charges of Rs. 740/-. The ops office received the same and issued a money receipt being no-169190 dated 21/06/2017 in favour of the complainant. But from very beginning the History Channel could not be broadcasted in the cable TV channel of the complainant. The matter was informed to the ops office on several occasions but it was very unfortunate that the ops did not pay heed in the said matter. The said event was also informed to the office of ops through their E-mail ID ie.

Despite receiving notice, the ops did not file any written version as such the present proceeding proceeded ex-parte against all ops.

In course of hearing the appellant / complainant in person drew our attention to the observations of ld DCDRC and pointed out that the ld Trial Commission completely ignored and overlooked the materials and documents on record while passing the impugned order mentioned above. Ld counsel also submitted that after payment of consideration amount of Rs. 740/- as an advance for the period of three months ie from July to September 2017, the ops office did not provide proper service causing tremendous physical and mental harassment inflicted upon the complainant. Accordingly the complainant/appellant prayed for refund of Rs. 740/- paid as advance, compensation and cost.

In course of hearing ld counsel appearing for the respondents/ops submitted that they provided proper service to the complainant. The complainant instituted the present complaint against the ops frivolously and in concocted manner and accordingly the ld counsel prayed for dismissal of the present appeal with exemplary cost.

We have heard the appellant / complainant in person and ld counsel for the respondents/ops at length.

We have also perused the materials on record carefully.

It is admitted that the ops/respondents received Rs. 740/- seven hundred forty only in cash from the complainant/appellant on 21/06/2017 on account of cable TV charges against the bill no – 192551 dated 01/07/2016 for the period of July, August and September 2017 which is clearly revealed from money receipt being no – 169190 dated 21/06/2017 and as such the complainant/appellant comes well within the purview of the definition of ‘Consumer’ as per Consumer Protection Act. 

The complainant/appellant has booked number of channels and out of which he also selected the channel viz HISTORY TV 18 for the period from 01/07/2017 to 30/09/2017 by payment of charges Rs. 16/- sixteen only per month which is clearly reflected in the Channel/Package Booking Requisition Form dated 25/06/2017 against the card being no – 000121687248 issued by the ops/respondents.

It is fact that though the payment was already made by the complainant/appellant for watching the channel HISTORY TV 18 yet the ops/respondents blocked the broadcasting of the said channel. After repeated requests, they kept mum. The aforesaid complaint has been lodged by the complainant/appellant on 13/07/2017 against the ops/respondents through “G mail ID

Moreover, after providing several opportunities when the ops/respondents failed to file their written version against the petition of complaint, there is no hesitation to hold that the said petition of complaint remained unchallenged indicating admission of allegations stated in the said consumer complaint being no – 175/2017 and the unchallenged contentions stating in petition of complaint clearly proves the fault and deficiency in service on the part of ops/respondents.

From the four corners of the record we hold and firmly hold that the behaviour and activities of the ops were not satisfactory and their performance created a prolonged mental and physical harassment inflicted upon the complainant/appellant. Accordingly, the instant appeal succeeds. Hence

                                         ORDERED

The appeal being no – 279/2019 is allowed on contest against the ops/respondents.

The ops/respondents are directed to refund Rs. 16 x 3 = 48/- forty eight only and to pay cost of Rs. 1002/- one thousand two only to the complainant/appellant within 30 days from the date of this order in default the awarded amount shall carry interest @ 5% pa till full realisation.

In case of non-compliance of order by the ops/respondents, the complainant / appellant is at liberty to put the decree into execution before the ld Trial Forum.

Accordingly the impugned order dated 24/01/2019 passed by the ld Trial Forum is set aside.

Note accordingly.

Let a copy of this order be transmitted to the Ld. Trial Commission forthwith for information and taking necessary action.