And
- Mr. L.Ravi Varma, Distributor: EPIC Solutions,
401, Kiran Arcade, Opp: Minerva Complex,
Sarojini Devi Road, Secunderabad -500003.
- The Chairman-cum-Managing Director,
M/s. Dish T.V. India Limited, FC-19, Sector -16A,
Film City, Noida, Uttar Pradesh-201301.
- Mr. Shahrukh Khan, Mannat, Lands End,
Band Stand, Bandra (W),
Mumbai-400050. …..OPPOSITE PARTIES
(Case against OP.No.3 rejected
at the time of Admission on 26-04-2017)
Counsel for the complainant : Party in Person
Counsel for the Opposite Parties : Sri K.Yadagiri Reddy OP.No.2
Unclaimed – OPNo.1
O R D E R
(By Hon’ble Sri P.Vijender, B.Sc., LL.B., President on behalf of the bench)
1. This complaint is directed against the Opposite Parties alleging deficiency of services and unfair trade practice in consequences of it seeking compensation and damages and other reliefs enumerated in it.
2. The complainant’s case in brief is that, he is a retired Regional Manager in Life Insurance Corporation of India. He has taken a new Dish TV connection from Opposite Party No.1 and later got added Dish Flix. He has two child connections also in the same flat with VC No’s.0152 2385 134 & 0152 2885 353. On 19.10.2015 he paid an amount of Rs.7,080/- for all the connections and next due date for payment of monthly charges was 06.04.2016. He went to USA on 15.01.2016 and returned back on 02.03.2016. When he switched on TV it displayed a message as “Error 301” “Connection deactivated”. Immediately he contacted Opposite Party No.1 who is the distributor of Dish to his World phone number and got registered and immediately the connection was restored in a few seconds.
3. Though the complainant paid subscription up to 03.04.2016, the connection was found disconnected position on 02.03.2016. When enquired he was informed that, if, the Dish is inactive for a week or so, they will disconnect which amounts to deficiency in service. Though his main connection was restored Dish Flix was not in full. A separate facility was offered by Dish Service Provider, wherein for Set Top Box an additional amount of Rs.5,000/- had to be paid and 50 movies without advertisements can be viewed and one has to pay Rs.100/- for watching the said movies. Every alternative day or two one new movie will be added and one movie which was available for viewing in two months or so will be deleted. This facility is in addition to normal Set Top Box for which complainant already paid at the time of initial installation of connection. When, the complainant tried to watch a move in Dish Flix, there were only 27 movies and it means all the 47 days, the connection was deactivated and no new movie was added while 23 movies were deleted from his registered mobile number. When enquired he was informed that once in a week or 10 days only Dish Flix will be updated. But the Opposite Parties neither updated Dish Flix nor behaved in a responsive manner.
4. The complainant had sent a mail on 20.03.2016 and addressed a request letter on 29.09.2016 for a restoration of Dish Flix. He also got issued legal notices on 25.01.2017 and 09.02.2017. He had also sent notice to Mr. Sharooq Khan on 10.02.2017 fir recommending Dish and Dish Flix without verifying the credentials of Opposite Parties.
5. In 26.11.2016 Set Top Box was replaced and at that time he pointed out that Dish Flix is not working properly. He was informed that, it has to be sorted at company level in NOIDA. On 23.12.2016 he addressed a letter when signal was not found and Dish Flix problem was not solved which has to be addressed by Dish authorities. After the issuance of notice to Mr. Sharooq Khan and M/s. Dish TV umpteen number of technicians and their heads and area in charges visited but, even as on 26.02.2017 only 23 movies are seen. An attempt was made and a movie was being loaded which was displayed on TV screen with an assurance that within a few days other movies will be loaded. On the next day when he saw Dish Flix a move by name “Gulab Gang” was loaded which was recently deleted from Dish Flix. After due date no more movie was added though display showed at 23 movies as available the break up figure shows 22 movies.
6. The complainant underwent a major liver transplantation surgery in 2012 his movements are restricted and his only mode of spending the time is to watch TV and preference is for movies without advertisements. Having impressed by Mr.Sharooq Khan advertisements and quotation as “Dish Karo Wish Karo’ he opted for Dish Flix. On 26.03.2017 the complainant’s Dish Flix only 22 movies are available insted of 50 movies and for about one year he has been deprived of Dish Flix facility though he paid subscription up to October-2017. He was greatly effected by dis- connection of service though there are no arrears and thus any amount of inconvenience was caused to him in watching the movies. Hence, the present complaint for damages, compensation and a direction to restore Dish Flix connection and the costs of the complaint.
7. At the time of registering the complaint itself the complaint against Opposite Party No.3 Mr. Sharooq Khan was rejected by this Forum.
The Opposite Party No.2 while admitting providing of connections to the complainant denied the allegation of deficiency of service and unfair trade practice on it’s part. The contest set out in the written version of Opposite Party No.2 is that it has created a vide revolution in DTH industry by launching Dish Flix a subscription based video on demand service for it’s premium customers. Dish Flix subscriber can watch a set of 50 loaded movies without commercial breaks and without an internet connection as the content will be pushed to the Dish Flix connection with subscriber’s Set Top Box directly through satellite. Proper functioning seamless running of Dish Flix is entirely depends upon it’s usage by the customer. The complainant took new Dish TV connection on 10.09.2015 with two child connections. On 09.10.2015 he recharged his connections by remitting an amount of Rs.7,080/- and next due date for recharge was 06.04.2016. According to the complainant he went to USA on 15.01.2016 and returned on 2-3-2016 T.V was switch off mode and not on standby mode during the said period as a result of it the movies in the Dish Flix were not down loaded. Thus, the discrepancies faced by the complainant was attributed to own negligence and he himself was responsible for deactivation his VC and there was no role of Opposite Party No.2 in it. The Dish Flix provides 50 number of loaded movies and 15 movies gets up loaded every month and further Set Top Box is required to be kept on standby mode. The only pre- requisites for availing the facility of auto up date of the movie is to keep Dish Flix connected to the Set Top Box and it should in standby mode. During the period when the complainant went to USA and returned back the Dish Flix was on switched off mode due to which movies could not get up loaded in it. The Set Top Box needs to be kept on standby mode at all times for the content to be down loaded in Dish Flix. The entire guidelines for the proper working of Dish Flix is duly provided in the user manual of the Dish Flix and same was given to the complainant at the time of purchasing the Dish Flix and infact same is also available on the website of Dish TV. Thus, it was the responsibility of complainant to keep his Set Top Box and Dish Flix in standby mode inorder to keep Dish Flix active and functional.
8. In the middle of February, 2017 a letter dated 06.02.2017 was received from the complainant with a legal notice dated 25.01.2017 informing that his Dish Flix was not functioning. The Opposite Party No.2 never received legal notice from the counsel of the complainant and infact he never approached the customer care of Opposite Party No.2 with his grievances. After receipt of the complaint from the complainant for the first time, the representatives and technicians of Opposite Party visited the complainant and have resolved the issues and explained about the Dish Flix working guidelines. Inspite of the fact that movies could be not updated in the Dish Flix on account of fault on the part of the complainant, the Opposite party No.2 replaced Dish Flix with new brand containing 50 movies free of cost as a goodwill gesture and complainant also acknowledge that and the same is working in order and he is able to watch 50 movies as per the scheme. The complainant signed the Feedback Form dated 01.03.2017 and in fact in his hand written letter stated that he is satisfied with services of Opposite Party No.2. The complainant after resolution of the issue and extending all the benefits without asking him to pay additional costs has come up with the present complaint to get profit from the litigation. All the grievances of the complaint raised in the complaint were already solved by Opposite Party No.2 by replacing the old Dish Flix with brand new one even, prior to the filing of the present complaint before this Forum and thus no cause of action was surviving as on the date of filing of this complaint. Complainant did not approach customer service desk of Opposite Party No.2 for replacement of the brand Dish Flix. Instead of it he filed the present complaint only to gain from the litigation.
9. The complainant is guilty of suppression, concealment and misrepresentations of true and material facts. No part of cause of action arose against Opposite Party No.2 for the complainant within territorial jurisdiction of this Forum so as to entertain the present complaint. Since, services were already provided to the complainant before the institution of the present complaint same is not maintainable and is liable to be dismissed with costs.
10. In the enquiry stage the complainant has got filed his evidence affidavit reiterating material facts narrated in the complaint. To support his version he also got exhibited 12 documents which are not in dispute. Similarly for Opposite Party No.2 the evidence affidavit of one Sri Sandeep Raj Rai stated to be its legal manager is filed and through him 8 documents are exhibited which are also not in dispute.
10. Complainant filed written arguments and supplemented the same with oral submissions. For Opposite party oral arguments alone were submitted.
11. On a consideration of material placed on the record the following points have fallen for consideration:
- Whether there is any deficiency of service or unfair trade practice on the part of the Opposite Parties ?
- Whether the complainant is entitled for any of the reliefs ?
- To what relief ?
- Point No.I: The undisputed facts are complainant took Dish T.V. connection on 10.09.2015 with two child connections and recharged the connections by remitting an amount of Rs.7,080/- and his next date for recharge was 04.06.2016 he also got added Dish Flix which facility was provided by dish service provider to watch 50 movies without interruption of advertisements and for that he paid necessary charges. New movies will added by deleting movies which are already viewed. He left to USA on 16.01..2017 and came back on 02.03.2016 and after return he switched on the TV and Screen has shown message of connection deactivated when he contacted the local distributor dish wire from his registered mobile number the connection was restored in a few seconds. The complainant’s allegation is though TV connection was activated Dish Flix was not activated and it was also not updated and thereafter on 26.11.2016 Set Top Box was replaced on his written complaint for free of cost.
- The complainant’s main allegation is through next due date for the payment of monthly charges was on 06.04.2016, the services were disconnected after he left USA and it amounts to deficiency of service. It his further argument that, if there arrears of subscription the Opposite Parties are justified to disconnect the services but not when the amount was already paid and due date has not expired for the next recharge. As such, it amounts to unfair trade practice on the part of the Opposite parties. The response of the Opposite Parties is, even according to the complainant he left to USA on 15.01.2016 and came back on 02.03.2016. During the said period Set Top Box was on switch of mode and not on standby mode as a result the movies in the Dish Flix were not down loaded. It is further stated by the Opposite Party No.2 that, the Set Top Box needs to be kept on standby mode at all times for the content to be down loaded in the Dish Flix. The guidelines for the proper working of the Dish Flix are provided in the User Manual of the Dish Flix and said manual was provided to the complainant at the time of purchase of Dish Flix by him and infact the same is available on the website of Dish T.V. The grievance of the complainant with regard to Dish Flix was already complied by replacing the old Dish Flix with brand new one even prior to the filing of present complaint. In the evidence filed for Opposite Party No.2 it is reiterated that, Set Top Box of the complainant was on switch of mode during the period of complainant’s absence at this place. Set Top Box should be in standby mode and same was duly informed to the complainant several times through customer care executives of Opposite Party No.2. It is further added that, Set Top Box is an electrical equipment with decode the signals receiving from different satellites and is designed with several technical functionalities which receives various other electrical commands and updates on day to day basis. In case any electrical device which runs and operates through signals are not being not used for a continuous period it automatically goes to hibernation. Mode for the safety and security of the connection from external attacks. This is to nation avoid burden of non-aspects of commands and application during the Set Top Box in switch off mode and it also helps to recover unserved data power shutting down and restoring all running programs latter. Hibernation is different technology determined by the system and is maintained universally. In case Set Top Box receives signals from the satellites through it’s antenna it requires several updates on day to day basis from satellites and in case to Set Top Box goes on switched off mode for a considerable period of time then, the Set Top Box itself as a technology in default blocked the receipt of the update for it’s betterment. As a default process this temporary hibernation mode can be refreshed from the back and team from where the operating systems are being monitored. This is universally maintained method by all the service provides across the industry in order to maintain the safety and security of the connection from external attacks and privacy. During the hibernation mode of Set Top Box it can be refreshed by giving missed call in the specific number from registered mobile number of the subscriber and for the benefit of the subscribers the same is also depicted on home screen of T.V.
- The complainant in his evidence affidavit stated that, he was advised by service executives of Opposite Party No.2 that, if Set Top Box is continuously in on position it will get heated up and will effect its did not function hence, it needs to switched off when not in use and on earlier occasion it happened so. It is further stated by him that, the user manual filed here by the Opposite party was not given to him at the time of installation. This is an improvement made by the complainant in the evidence stage from the complaint time. Admittedly, the complainant on purchased of new Dish Flix, which is being sold in the market with sealed pack the boxes containing Flix boxes, Connecting Wire and User Manual will be provided. It has been categorically stated in the evidence affidavit filed for Opposite Party No.2 that, it is not possible under any circumstances that User Manual was missing from the sealed box containing Dish Flix and connecting wire. The Box containing Dish Flix will be packed and dispatched after several quality checkups in the warehouse in the Opposite party No.2 as it mandatory requirement to provide User Manual for any product to be sold in the market to the customers as they have to be aware of procedure of using the product purchased from the market. The User Manual copy is placed on record as Ex.B1 by Opposite party No.2. At Page No.7 under the caption of Do’s it is clearly stated that the Set Top Box needs to be kept on standby mode for the content to be down loaded. The complainant’s stand is as per the visual display in the T.V.as ‘error 301’ were shown and it means opposite parties have disconnected the Set Top Box as same was not used by him during his absence and when they have disconnected Set Top Box as per the visual display shows in the T.V. there is no logic in keeping the Set Top Box in standby mode for dish flix. It is also stated by him that earlier he had Airtel and TATA Sky connections and they were disconnected his connections when he went abroad though there were no arrears and they have restored the connections within split second and have not extended the subscription period for the period for which connection was not in use but disconnected on their own. Having not satisfied with such services he opted for the dish T.V and it shows that, all the service providers which unilaterally disconnects the main connection if not being used and restoring the same immediately after giving a call from registered mobile number and it amounts to a scam. This version of the complainant itself shows, the Set Top Box being an electronic equipment receives signals from different satellites and is designed with several technical functions and they runs through signals and if are not being used for a continuous period it automatically goes to hibernation mode and it is a default technology determined by the system and is maintained by universally. Admittedly even according to the complainant himself while going the USA he switched off all the main connections including that of Set Top Box, generator etc., at home. Because it was not in continuous use being an electronic item set top box went into hibernation mode there was display of disconnection of the main service connection by the Opposite Parties. Once, main set top box was connection went in hiber national mode for not being in a continuous period of time the dish flix was on switch of mode as a result it could not get up loaded in the Dis . The Set Top Box needs to be kept on standby mode at all times for content to be down loaded in dish flix which is explained in Ex.B1 user manual itself. Because of the said reason only 27 movies were there in dish flix instead of 50 and soon after restoring of the connection on the complaint by the complainant dish flix was replaced that, too for free of cost. If really Opposite Parties demanded anything either to replace the dish flix or restoring of the main connection then it can be certainly said as unfair trade practice. Because the Set Top Box was not being in use continuously for longer time it went in to hiber nation mode and in consequences of it dish flix was not loaded with new movies. Thus there is no deficiency of service as well as no unfair trade practice on the part of Opposite Parties.
- As could be seen from the documents placed on record even after filing of the present complaint the complainant made correspondence with the opposite parties and infact he appreciated the service of proving new dish flix enabling him to watch 50 movies. It appears the management of Opposite Party No.2 Company decided to dis continue dish flix services through out the country and same was conveyed to the complainant by telephone on 25.07.2017 and made a request with him to settle the issue and offered him to refund entire amount of Rs.5,990/- which was paid by the complainant for purchasing the dish flix and he can retain dish flix hard drive as part of flixy services not requiring to pay refund as dish flix subscription and it also offered him add on HD pack with 51 HD generous and supreme Telugu regional HD pack on a complimentary pack for 12 months for the date of activation and it appears complainant did not agree to it. The complainant demanded a compensation of Rs.5,00,000/- from Opposite Party No.2 Company and Rs.10,00,000/- from Mr.Sharooq Khan who advertised of product of Opposite Party No.2 and 10 dish TV connection with full HD channels movies on demand free for next 20 years as settlement and withdrawal of this complaint. This itself shows the intention of the complainant is extract financial gain under the guise of litigation from Opposite Party No.2. For the aforesaid reason the point is answered against the complaint.
- Point No.II: In view of the finding that, there was no deficiency of service or unfair trade practice on the part of the Opposite Parties the complainant is not entitled for any of the amounts sought for.
- Point No.III: In the result the complaint is dismissed. No order as to costs.
Typed by Typist, corrected and pronounced by us on this the 18th day of December, 2018.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
PW1 DW1
Vemparala Bhasara Krishna Murthy Sri Sandeep Raj Rai,
Legal manager
Exs. filed on behalf of the Complainant:
Ex.A1 is copy of Mail letter dated 20.03.2016.
Ex.A2 is copy of Request letter No:291130622, dt.29.09.2016
Ex.A3 is copy of legal Notice by Registered Post, dt.25.01.2017.
Ex.A4 is copy of Letter sent by Registered Post, dt.09.02.2017.
Ex.A5 is copy of Notice sent by Registered Post to Mr. Shahrukh Khan (Film Actor) on 10.02.2017.
Ex.A6 is copy of Ticket No.299525873, dt.26.11.2016.
Ex.A7 is copy of Ticket No.302755301, dt.23.12.2016.
Ex.A8 is copy of complainant’s PAN Card, Adhaar Card & Passport.
Ex.A9 is copy of EPIC Solutions Receipts.
Ex.A10 is copy of Registered Letter Posted Vide RNo.233932741 N, 20.05.2017.
Ex.A11 is copy of Letter sent by email, dt.29.07.2017.
Ex.A12 is copy of Complaint No.:341894614, dt.17.09.2017.
Exs filed on behalf of the Opposite party
Ex.B1 : User Manual.
Ex.B2 : A copy of Letter addressed to Divisional Manager, from the complainant,dt.01.03.2017.
Ex.B3 : A copy of Receipt issued by MSN SERVICES, dt.01.03.2017.
Ex.B4 : A copy of Certified true copy of the resolution.
Ex.B5 : A copy of Authorization letter.
Ex.B6 : A copy of email information.
Ex.B7 : A copy of email from Sandeep Raj Roy to the complainant, dt.30.10.2017.
Ex.B8 : A copy of the email dt.31.10.2017.
MEMBER PRESIDENT
