J U D G M E N T

          (As per Shri Auroliano de Oliveira, Member)

By this Judgment & Order we shall dispose off the Complaint dated 16/01/2012 filed by the Complainant, and which was admitted by this Forum against the Opposite Party herein U/s 12 of the Consumer Protection Act., 1986.

The brief facts of the case are as follows:

1. The Complainant had obtained cable connection from M/s. Specturm/ MetroDistributors in the year 1997.

    

2. Thereafter the said business had been taken over by Indus Media & Communications Ltd., whichis the OP.

    

3. That time and again the said cable connection suffered from various defaults due to improper service by the said cable distributor.

    

4. The Complainant tried calling the OP wherein the OP refused to entertain the Complainantand hear the Complainant’s grievance.

    

5. The Complainant sent a registered A/D letter to the OP.However, the OP failed to reply to the said letter.

    

6. On 4/01/201 the OP disconnected the cable connection.

    

    

    

    

    

7. The points that arise for consideration are:-

    

8. Whether there is any deficiency in service on the part of Opposite Party?

9. To what relief the Complainant is entitle to ?

    

10. The Complainant and Opposite Party has filed his affidavit in evidence and has relied on the documents mentioned above inter-alia reiterating his stand taken in the Complaint and written arguments.The matter was also orally argued by the lr. advocate S. Sardessai for the Complainant, and advocate S. Kamat for Opposite Party.

     

11. On going through the records, we now proceed to record our findings on the merits of the case.We find that OP had disconnected the cable connection of the Complainant without serving of notice to the Complainant.

     

12. The OP failed to reply to the letter of the Complainant dated 23/11/2010.

     

13. After minutely considering the complaint, evidence, documents, written and oral arguments advanced by the advocates for the Complainant and OP, we are of the considered opinion that there is indeed a deficiency in service on the part of the OP for disconnecting the cable connection of the Complainant without serving a notice to the Complainant prior to disconnection of cable connection which has caused great inconvenience to the Complainant where the Complainant was forced to buy Dish TV.

     

Accordingly, we pass the following:

ORDER

The Complaint is partly allowed with following reliefs:-

1. The Opposite Party is ordered and directed to pay compensation of Rs.20,000/- to the Complainant including the cost of Dish TV, inconvenience and mental agony suffered by the Complainant, and costs of Rs.15,000/- towards the present litigation.In case said amounts are not paid after the appeal period, the same will carry interest @ 12% till final payment.

    

Pronounced in open court.

Proceedings closed.