Jammu and Kashmir

Jammu

CC/682/2017

JEEVAN LAL SHARMA - Complainant(s)

Versus

JAI MAA SHIV SHAKTI - Opp.Party(s)

NARESH KUMAR RAINA

06 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

           (Constituted under J&K Consumer Protection Act,1987).

                                                          .

 Case File  No                  123/DFJ           

 Date of  Institution   :   12-06-2015

 Date of Decision      :     11-09-2018

 

Jeevan Lal Sharma,

S/O Sh.Khariti Lal,

R/O Bharda Khan,

Tehsil Akhnor Distt.Jammu.

                                                                                                                                                                Complainant

                V/S

1.I/C Jai Maa Shiv Shakti Cable Network,

  Bharda Kalan(Akhnoor)owned by Vicky Kumaqr.

2.I/C Cable T.V.Network,RLT Vihar Manager by

  10 Arty BDE (267 Sata Bty)C/O 56 APO.

                                                                                                                                                                Opposite parties

 

CORAM

                  Khalil Choudhary             (Distt.& Sessions Judge)  President

                  Ms.Vijay Angral                                                               Member

                  Mr.Ghulam Sarwar Chouhan                                       Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

      

Mr.Naresh Kumar Raina, Advocate for complainant, present

   Nemo for OPs.

 

                                                             ORDER.

 

                          Grievance of complainant as is disclosed in the complaint is that; he being customer of OPs availed their services of cable T.V.Network connection after giving them security of Rs.200/-for cable wire which was 25 to 30 meter long and monthly rental payment was Rs.150/-which had been collected by Vicky Kumar under proper receipt of printed bills who alleged himself as a owner cum Manager of OPs used to mange the cable T.V.Network connection on behalf of OPs.That complainant never blocked the payment of OPs,but whenever complainant used to complaint regarding the services of OPs,including clarity and quality of the picture than said Vicky Kumar used to make several excuses and in the year 2015 complainant had paid monthly rental payment for the month of March and April, photocopies of bills alongwith connection card given by OPS is collectively annexed as Annexure-A. Allegation of complainant is that the cause of action to file the present complaint had accrued to him on,19-04-2015 when said Vicky Kumar came in his house and took cable wire  25 to 30 meter long with him after disconnecting the above mentioned cable TV Network connection without any prior notice. Not only this he even took 25 to 35 meter long cable  wire of dish TV with him for the reasons best known to him ,when the old ailing father of complainant stopped him from doing so, he said do whatever you want to do I shall solve your all the problems of clarity and poor service of cable TV and Dish also” and this act of omission and commission, constitutes deficiency in service on the part of Ops,therefore,prays for restoration of cable TV network connection in its original place and return the above mentioned dish TV Cable wire  and also prays for  compensation to the tune of Rs.50,000/- under different heads.

                             Notices were sent to the OPs alongwith copies of complaint through registered covers with acknowledgment due but they did not choose to represent their case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period provided under the Act, so their right to file w/v stands closed by this Forum and complainant was ordered to produce evidence by way of affidavits in support of the complaint.

             Complainant adduced evidence by way of duly sworn his own evidence affidavit and affidavit of       Jagdish Raj Sarpanch.

             We have perused case file and heard L/C appearing for complainant at length.

                 Briefly stated grievance of complainant is that; he being customer of OPs availed their services of cable T.V.Network connection after giving them security of Rs.200/-for cable wire which was 25 to 30 meter long and monthly rental payment was Rs.150/-which had been collected by Vicky Kumar under proper receipt of printed bills who alleged himself as a owner cum Manager of OPs used to mange the cable T.V.Network connection on behalf of OPs.That complainant never blocked the payment of OPs,but whenever complainant used to complaint regarding the services of OPs,including clarity and quality of the picture than said Vicky Kumar used to make several excuses and in the year 2015 complainant had paid monthly rental payment for the month of March and April,.Allegation of complainant is that the cause of action to file the present complaint had accrued to him on,19-04-2015 when said Vicky Kumar came in his house and took cable wire  25 to 30 meter long with him after disconnecting the above mentioned cable TV Network connection without any prior notice. Not only this he even took 25 to 35 meter long cable  wire of dish TV with him for the reasons best known to him ,when the old ailing father of complainant stopped him from doing so, he said do whatever you want to do I shall solve your all the problems of clarity and poor service of cable TV and Dish also and this act of omission and commission, constitutes deficiency in service on the part of Ops,

              From perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by his own duly sworn affidavit and affidavit of Jagdish Raj,Sarpanch so, in the given circumstances of the case, and in view of documentary evidence on record, there is no reason to disbelieve the averments contained in complaint.

        This is a case of deficiency in service. The OPs despite service of notices, sent by the Forum through registered cover have not taken any action to represent their case before this Forum, either to admit the claim of complainant, or to deny it, so there is no reply filed by the OPs in this complaint and there is also no evidence in rebuttal. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act, 1987, which provides that in a case, where the OPs omits or fails to take any action to represent their case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OPs omits or fails to taken any action to represent the case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                       In addition complainant has also supported the averments contained in the complaint by duly sworn his own affidavit and affidavit of Jagdish Raj Sarpanch which are corroborative of the facts contained in the complaint. Therefore, in the light of unrebutted averments contained in the complaint and documents on record, we are of the opinion that complainant successfully made out a case of deficiency in service by Ops.

                      Therefore, in view of aforesaid discussion the complaint filed by the complainant for redressal of his grievance is allowed and Ops are directed to restore the cable TV network connection in its original place and return the dish TV Cable wire to the complainant.OPs are also directed to pay Rs.20,000/-as compensation for causing mental agony and harassment and  litigation charges of Rs.5000/- as. The OPs shall comply the order jointly and severally within one month from the date of receipt of this order. Copy of this order be provided to both the parties free of cost. Complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                                    Khalil Choudhary

                                                                                     (Distt.& Sessions Judge)

                                                                                            President

Announced                                                           District Consumer Forum

    11-09-2018                                                                       Jammu.

Agreed by

                                                               

 Ms.Vijay Angral                                              

 Member    

 

Mr.Ghulam Sarwar Chauhan

Member