This C.C coming on before us for final hearing, on 2-9-2008 in the presence of Sri. B. Kalyan Rao and Sri.Raja Ali Baig, Advocates for Complainant, and of Sri.M.Nagesh Babu, Advocate for the opposite party; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Sri. K.V.Kaladhar, Member )
1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments;
2. The brief facts of the complaint are that the complainant is a consumer of opposite party and in the month of April, 2007 he obtained cable connection from the opposite party by paying Rs.300/- towards connection charges. Since the date of connection there is no proper cable connection that was fixed by the opposite party. The programmes are not properly displayed for all these months the opposite party collected Rs.300/- in the month of April, Rs.130/- per month each from May, 2007 to July, 2007. In all he paid Rs.690/- to the opposite party for 4 months. But there is deficiency of service by the opposite party. The complainant approached opposite party many times and requested to provide service properly, but the opposite party did not give proper reply and continued his negligent service and collecting the amounts regularly. Hence this complaint to direct opposite party to refund the payment of Rs.690/-, Rs.20,000/- towards damages and costs of Rs.2,000/- towards expenses.
3. The complainant filed his affidavit along with following documents:
Ex A1:.Bill of the opposite party dated, 13-5-07 infavour of complainant for Rs.130/-. Ex A2: Another bill dated 22-6-07 for an amount of Rs.130/- paid by the complainant.
4. The opposite party filed counter affidavit as follows:
It is true that the complainant is having cable connection with us. But it is not correct to say that the programmes are not properly displayed. We have provided connections to about 300 customers, in and around the colony including the neighboring houses of the complainant. No customer has got any grievance against us. The complainant informed us that he is not getting picture clarity then our staff went there and inspected the connection and found that the T.V.Set is having defect, but not cable connection. The same was informed to the complainant and he was asked to get his T.V.Set repaired. The complainant asked our staff to repair his T.V. We informed that we are not technical persons to repair the T.V. Then he got annoyed and scolded our men. The complainant had demanded us to pay the money which he paid to us towards monthly connection charges. But we refused do so as we giving services without any deficiency in service.
The complainant has paid an amount of Rs.300/- for laying cable wire and providing connection to him and he had used the service and paid for the same on monthly basis. We have provided service to him for the month of July and August, 2007 but he did not make the payment. We have requested him to make the payment, but he refused to pay. Hence there is no other go, we have disconnected the connection of the complainant. Having got annoyed and shouted with us the complainant filed this false case.
There are no merits in the complaint. Hence, Hon’ble Forum may be pleased to dismiss the complaint with costs, in the interest of justice.
5. (i)Whether there is any deficiency in service on the part of opposite party.
(ii)Whether the complainant is entitled to relief as prayed for?
ISSUE NO(i)(ii):
It is the contention of the complainant that he paid an amount of Rs.300/- towards connection charges in the month of April, 2007. Since the date of connection the programmes are not properly displayed even though he is paying subscription regularly to the opposite party. In support of his contention he paid two monthly pay bills.
For which the contention of the opposite party is that it is true that the complainant has paid an amount of Rs.300/- towards cable connection and monthly charges for the month of April, 2007. The opposite party provided connection about 300 customers in and around the colony including the neighbouring houses of the complainant. The opposite party staff went to the complainant house and inspect the connection and found that T.V.set is having defect but not cable connection. The same was informed to the complainant. Instead of repairing his T.V.set he filed this false complaint.
The complainant filed two bills dated, 13-5-07 and 22-6-07 we have perused those two bills in which it is mentioned that the subscriber has to pay the monthly bill every month on or before 15th. But the complainant has paid the bill on 22-6-07. It is the contention of the complainant that he paid 4 months bills but he did not file the bills of July and August. It is also the contention of the complainant that the channels are not clear. In this regard the complainant did not file any 3rd party affidavits of his neighbours or any person in his colony. Basing on the complainant affidavit we cannot come to the conclusion that T.V. programmes are not clear in that locality.
6. Hence, we are of the opinion that this complaint has no merits and liable to be dismissed. Accordingly this complaint is dismissed but with no costs.
In the result, the complaint is dismissed. No costs.
Dictated to the Stenographer, Corrected and pronounced by us, in this Forum on this 9th day of September, 2008.
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite parties
Nil Nil
DOCUMENTS MARKED FOR
Complainant
Ex A1:Bill of the opposite party dated, 13-5-07 infavour of complainant for Rs.130/-.
Ex A2: Another bill dated 22-6-07 for an amount of Rs.130/- paid by the complainant.
Opposite parties
Nil
President Member Member
District Consumers Forum, Khammam
