FASTWAY Transmission Pvt Ltd, 77-B, First Floor, Tishwar Complex Hazi Rattan Chowk, Bathinda.
........ OPs
Complaint under Section 12 of the
Consumer Protection Act, 1986.
Quorum: Sh. Ajit Aggarwal, President,
Sh P Singla, Member.
Present: Sh Tulsi Dass, Adv. Ld Counsel for Complainant,
OPs Exparte.
(Ajit Aggarwal, President)
Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to OPs to provide cable facility immediately to complainants having connection numbers 088039390715 and 0880391FC769 and to pay Rs.50,000/-as compensation for harassment and mental agony and Rs11,000/-as litigation expenses.
2 Briefly stated, the case of the complainants is that on assurance of OP-1, complainants got the cable connections of OPs but since 1st June, 2016 cable connection of complainants is not working properly. On 2.06.2016, 6.06.2016 and 7.06.2016, complainants lodged complaints with OPs on their helpline numbers regarding non functioning of cable connections, but till date, OPs have not resolved the problem of complainants. They also reached OP-1 at their office, but OP-1 finally refused to listen to the request of complainants. This act and conduct of OPs has caused great financial loss, harassment and mental tension to complainant, which amounts to deficiency in service and unfair trade practice. Complainant has prayed for directing OPs to pay Rs.50,000/- as compensation for harassment and mental agony suffered by him and Rs. 11,000/- as litigation cost besides the main relief. Hence, the complaint.
3 The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 25.07.2016, complaint was admitted and notice was ordered to be issued to the opposite parties.
4 Notice containing copy of complaint and relevant documents was issued to Ops, but same has not been received back undelivered. Acknowledgment might have been lost in transit. Case has been called out many times but despite repeated calls, nobody appeared in the Forum on behalf of Ops either in person or through counsel on the date fixed, therefore, all the OPs were proceeded against ex parte vide order dt 6.09.2016.
5 The complainant tendered in Ex parte evidence, his affidavit Ex.C-1 and document Ex C-2 and then, closed his evidence.
6 In the absence of any rebuttal, Ld Counsel for complainant in his exparte arguments vehementally contended that on assurance of OP-1, complainants got the cable connections of OPs but since 1st June, 2016 cable connection of complainants is not working properly. On 2.06.2016, 6.06.2016 and 7.06.2016, complainants lodged complaints with OPs on their helpline numbers regarding non functioning of cable connections, but till date, OPs have not resolved the problem of complainants. They also reached OP-1 at their office, but OP-1 finally refused to listen to the request of complainants. This act and conduct of OPs has caused great harassment, which amounts to deficiency in service. Counsel for complainant has prayed for accepting the complaint and also to pay compensation and litigation expenses. Complainant has stressed on documents Ex C-1 to 2.
7 As there is no rebuttal from Ops side, therefore, we have heard the ex-parte arguments addressed by ld counsel for complainant and have also carefully gone through the record available on the file.
8 After careful perusal of record placed on file and from the careful examination of document Ex C-2, which is a receipt no. 1396 dt 18.04.2016 issued by Ops for Rs.500/-, it is clear that complainant made payment of Rs.500/-to Ops. On the face of it, this document gives strength to the pleading of complainant that he paid the amount of Rs.500/- to Ops to avail their services for cable connection. It proves that complainant is the consumer of OPs. Complainant paid this amount to OPs for one full month for availing their services pertaining to transmission of programmes to his TV and when transmission was disturbed, complainant made repeated requests to OPs to clear the problem but all in vain. Through his affidavit complainant has reiterated his grievance. These two documents are cogent evidence, authenticity of which can not be ignored. It proves that Ops have been deficient in services and they did not come up to fulfil their services uninterruptedly. Act of Ops in not paying heed to the requests of complainant and even to the notice issued by this Forum amounts to trade mal practice on their part. All this proves that Ops have caused great harassment to complainant by not providing the cable connection supply properly to complainants. All this caused harassment and mental tension to complainant, which entitles him for compensation and litigation expenses.
9 From the careful perusal of the record and in view of documents placed on file, this Forum is fully convinced with the arguments advanced by ld counsel for complainant and is of considered opinion that OPs have been deficient in services and there is trade mal practice on the part of OPs in not repairing the cable connection of complainant. Hence, the present complaint is hereby allowed. The OPs are directed to repair the cable connection of complainant and to give them regular and uninterrupted supply for all channels. OPs are further directed to pay Rs.2,000/-as compensation for harassment and mental agony suffered by him besides Rs.1000/-as litigation expenses. OPs are directed to comply with the order within one month from the date of receipt of the copy of this order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copies of order be supplied to the parties free of costs under the rules. File be consigned to record room.
Announced in Open Forum
Dated : 20.09.2016
Member President
(P Singla) (Ajit Aggarwal)
