Haryana

Ambala

CC/184/2019

Dalip Kumar Sharma - Complainant(s)

Versus

Independent T.V. - Opp.Party(s)

In Person

16 Aug 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case No.:  184 of 2019.

                                                          Date of Institution          :  27.05.2019.

                                                          Date of decision   :  16.08.2019.

 

Dalip Kumar Sharma, aged about 60 years, s/o Shri Rameshwar Sharma, r/o H.No.731/3, Matidass Nagar, Mahesh Nagar, Ambala Cantt.

                                                                                       …. Complainant.                                                  Versus

1. Independent T.V., H-Block, First Floor, Dhirubai Ambani Knowledge City, Kopar Khairne, Navi Mumbai-400710, through its authorized signatory.
2. M/s Chopra Electronic, Railway Road, Ambala Cantt, through its Proprietor.

               ..…. Opposite Parties.

         

Before:        Shri Vinod Kumar Sharma, Member.                 

                   Smt. Ruby Sharma, Presiding Member.

                            

Present:       Complainant in person.

OPs ex-parte.

 

ORDER:     SH. VINOD KUMAR SHARMA, MEMBER.

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’), praying for issuance of following directions to them:-

1. To restore the package of Independent TV as taken by the complainant.
2. To refund full amount of said package of Rs.2800/- from the date of its institution, with interest.
3. To pay Rs.50,000/- as compensation for mental agony and physical harassment suffered by the complainant.
   382.  

Any other relief, which the Hon’ble Forum may deem fit.

 

                   In nutshell, the brief facts of the present complaint are that on 28.11.2018, the complainant had purchased Independent TV Connection from the OP No.2, in which, there are around 400 channels with 12 HD channels, news, entertainment, sports (Star + Sony), kids, movies channels also induced. The cost of the same was Rs.2800/- per year and at the time of taking the said connection, he paid the said amount to the OP No.2. He started using the same, but from January 2019, NDTV News channel was removed and slowly all HD channels, sports and other entertainment channels were also removed. When the complainant contacted with the OP No.1 in this regard, then it told that this problem is with all the subscribers due to Government policy. He told it that he had already paid the rent for one year and requested to do the needful, but it refused to do anything. Thereafter, he reported the matter to the OP No.1, but all in vain. The OPs failed to provide proper services to the complainant, therefore, they are deficient in providing the services. Hence, the present complaint.

2.                Upon notice, none has appeared on behalf of the OPs before this Forum, therefore, they were proceeded against ex-parte vide order dated 24.07.2019.

3.                The complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 & C-2 and closed his evidence.

4.                We have heard the complainant today and carefully gone through the case file.

5.                The complainant has contended that he had purchased Independent TV Connection from the OP No.2 after paying Rs.2800/- per year, as is evident from Annexure C-1. There were around 400 channels with 12 HD channels, news, entertainment, sports (Star + Sony), kids, movies channels, but from January 2019, NDTV News channel and slowly other all HD channels, sports and other entertainment channels were also removed. In this regard, the complainant sent an email to the customer-care of the OPs (Annexure C-2), but all in vain. However, despite services, the OPs preferred not to appear before this Forum and rebut the above said version of the complainant. Thus, we have no option but to accept the version of the complainant, which is duly supported by his affidavit and other supporting documents. Since the OPs failed to continue the package of Independent TV as taken by the complainant, therefore, they are not only liable to restore the said package, but also liable to refund the full amount of said package of Rs.2800/-. The OPs are also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation charges. 

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

1. To restore the package of Independent TV to the complainant.
2. To refund the full amount of said package of Rs.2,800/-.
3. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by the complainant alongwith litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions jointly & severally within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :16.08.2019

 

 

 

(Vinod Kumar Sharma)                                  (Ruby Sharma)          

Member.                                                         Presiding Member.