BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 678 of 2015
Date of Institution: 23.11.2015
Date of Decision : 01.03.2016
Ravinder Singh S/o S. Gulzar Singh resident of H.No. 16, Shaheed Nagar, Chheharta, Amritsar
Complainant
Versus
- Fastway Transmission Private Ltd., through its Managing Director/Director/Authorized person having its office at SCO 123, Near Vishal Mega Mart, Ranjit Avenue,Amritsar 143001
- Sharma Cables, through its Proprietor/Partner/Authorized Person having its office at Near Fitness Hangover Health Club, Naraingarh Chowk, Chheharta, Amritsar 143105
Opposite Parties
Complaint under section 11 and 12 of the Consumer Protection Act, 1986
Present: For the Complainant : In person
For the Opposite Parties No.1 & 2: Ex-parte
Quorum:
Sh.Bhupinder Singh, President
Ms.Kulwant Kaur Bajwa, Member
Sh.Anoop Sharma, Member
Order dictated by:
Sh.Bhupinder Singh, President.
1. Present complaint has been filed by Ravinder Singh under the provisions of the Consumer Protection Act alleging therein that he is consumer of the opposite parties holding digital cable TV connection No. 503684. According to the complainant the said cable TV connection is not working since 25.7.2015 as after switch on TV message displays on TV screen “No Signal Found”. Complainant sent various e-mails to the opposite parties on 29.7.2015, 11.8.2015, 23.8.2015, 3.9.2015, 4.10.2015 and 21.11.2015, but opposite parties did not pay gave any response to the complainant. On 18.11.2015 collection executive of opposite party No.2 came to the complainant’s home and demanded monthly subscription amount of Cable TV connection, which the complainant refused to pay on the ground that because he was not availing any services of the opposite parties since 25.7.2015. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to remove fault from cable lines and set-aside the demand of subscription amount since 25.7.2015. Complainant also demanded compensation to the tune of Rs. 50000/-.
2. Opposite party No.1 did not appear and was proceeded against ex-parte vide order dated 11.12.2015. Whereas initially opposite party No.2 appeared on 29.12.2015 and the case was adjourned for filing written version. But lateron none appeared on behalf of opposite party No.2 and as such opposite party No.2 was also proceeded against ex-parte vide order dated 29.1.2016.
3. Complainant tendered in ex-parte evidence his affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-5.
4. We have carefully gone through the averments of the complainant, arguments advanced by the complainant and have appreciated the evidence produced on record by the complainant with the valuable assistance of the complainant.
5. From the record i.e. averments of the complainant and the evidence produced on record by the complainant, case of the complainant is that he got cable TV connection No. 502684 from the opposite party since 25.7.2015. But when he switched on the TV, message displayed on the TV screen “No Signal Found”. The complainant submitted that he has been raising the matter with the opposite parties through e-mail dated 29.7.2015 11.8.2015, 23.8.2015, 3.9.2015, 4.10.2015 and 21.11.2015. But the opposite party did not pay any response to the complainant. Rather on 18.11.2015 an executive of opposite party No.2 came to the complainant’s home to collect monthly subscription amount , but the complainant refused to pay the same on the ground that he is not liable to pay because he was not availing any services of the opposite parties since 25.7.2015. the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties qua the complainant.
6. In order to prove his case complainant filed his affidavit and the e-mails sent by the complainant Ex.C-2 dated 11.8.2015, Ex.C-3 dated 23.8.2015, Ex.C-4 dated 21.11.2015 and e-mail from the opposite party dated 21.11.2015 Ex.C-5 in which the opposite party has stated that the complaint of the complainant has been received and it will be checked. No doubt evidence produced on record by the complainant remained unrebutted and unchallenged but as none appeared on behalf of the opposite party to contest the complaint of the complainant. But the complainant could not produce any evidence to prove that he got the Cable TV connection from the opposite party on 25.7.2015. The complainant could not produce any receipt of payment of any amount to the opposite parties to get the Cable TV connection from the opposite parties dated 25.7.2015, nor the complainant could produce any documentary evidence to prove that he got installed the TV connection from the opposite parties. If the complainant has not paid any amount to the opposite parties to get services from the opposite parties, he does not become the consumer of the opposite parties.
7. Resultantly we hold that complainant has failed to prove on record that he is the consumer qua the opposite parties, as such he cannot claim any services from the opposite parties. He has not paid nor promised to pay even a single penny to the opposite parties nor he could produce any receipt or document to prove that he got services from the opposite parties on payment of consideration. As such we hold that complainant is not the consumer qua the opposite parties.
8. Resultantly the complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the orders 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.
1.03.2016 ( Bhupinder Singh )
President
/R/ (Anoop Sharma) ( Kulwant Kaur Bajwa)
Member Member
