Per Sri A. Hazarath Rao,  President:-

        The complainant filed this complaint u/s 12 of the Consumer Protection Act seeking restoration of siti cable connection from the            1^st opposite party; issuance of bills by the 1^st opposite party as and when collected amounts; refund of Rs.350/- from the 1^st opposite party; Rs.1,00,000/- as compensation from the 1^st opposite party for his rude, rash behaviour and Rs.116/- towards costs.   

2.   In brief the averments of the complaint are these:

        The complainant took siti cable connection on 13-08-12 from the 1^st opposite party by paying Rs.200/- as a security and Rs.50/- as installation charge.   Employees of the 1^st opposite party promised to issue bills subsequently through collecting agent.   In the 1^st week of September, 2012 employees of the 1^st opposite party collected Rs.100/- as subscription charges for the period 13-08-12 to 31-08-12.  When insisted for bill employees of the 1^st opposite party informed that there is no system of giving bill to any subscriber and that collecting agent will note on a card.   Inspite of several requests and notice the 1^st opposite party did not respond.   On 18-09-12 employees of the              1^st opposite party disconnected siti cable connection and behaved rudely.    The conduct of the 1^st opposite party through its employees amounted to deficiency of service.        

3.   The 1^st opposite party remained exparte.

4.   The contention of the 2^nd opposite party in nutshell is hereunder:

        There is no privity of contract between the complainant and the 2^nd opposite party.   The complainant did not seek any relief against the 2^nd opposite party.   There is no consumer dispute between the 2^nd opposite party and the complainant.   The complaint therefore be dismissed with exemplary costs.

5.    Exs.A-1 to A-4 were marked on behalf of the complainant.

6.  Now the points that arose for consideration in this complaint are these:

1. Whether the 1^st opposite party committed deficiency of service?
2. Whether the complainant is entitled to compensation and if so to what extent and from whom?
3. To what relief?

7.     POINT No.1:-    The 1^st opposite party though received notice remained exparte for the reasons best known to him.  The complainant did not claim any relief against the 2^nd opposite party.  In support of his contentions complainant filed chief affidavit.   There is no privity of contract between the complainant and the 2^nd opposite party as rightly contended by it. The contents of complainant’s affidavit therefore remained unrebutted. 

8.   Exs.A-1 and A-2 are copy of e-mail sent to the siti cable, Guntur (OP2) and reply.  The 2^nd opposite party in its reply dated 18-09-12 required the complainant to approach his local cable operator who gave him connection, visit their office and complain there for receipts.   The 1^st opposite party by remaining exparte tacitly corroborated the contentions of the complainant.   It can therefore be inferred that the 1^st opposite party received Rs.200/- as security, Rs.50/- as installation charges and Rs.100/- as subscription charges for the period 13-08-12 to 31-08-12 without giving any receipt.   The 1^st opposite party is under an obligation to issue receipt as and when it received security advance, installation charges and subscription charges.  

9.   The further contention of the complainant regarding disconnection of his cable connection also remained unchallenged.  It has therefore to be presumed that the 1^st opposite party disconnected cable connection to the complainant without any reason.   Demanding receipt is not either a wrong or illegal.   The 1^st opposite party by not issuing receipts to the amount received from the complainant and subsequent disconnection thereafter without any valid reason amounted to deficiency of service.   We therefore answer this point against the 1^st opposite party.

10.  POINT No.2:-      Providing cable connection to viewers is nothing but a contract.   No person can be forced to enter into contract with others against his wish.   Under those circumstances the relief of restoration of cable connection cannot be granted.  

11.   The complainant paid Rs.100/- in the 1^st week of September, 2012 for the period which he enjoyed telecast.   Therefore the said amount of Rs.100/- also cannot be refunded.   The complainant has to incur further installation charges if takes connection from another cable operator.  Under those circumstances directing the 1^st opposite party to return Rs.200/- taken as advance and Rs.50/- towards installation charges will meet ends of justice.

12.   The complainant claimed Rs.1,00,000/- as compensation.  No doubt the complainant is deprived of entertainment in view of cable disconnection by the 1^st opposite party. The value of entertainment   cannot be estimated in terms of money. The amount of compensation to be awarded should commensurate with the injury complained off.  Considering the nature of damage awarding Rs.2,000/- will meet ends of justice.   We therefore answer this point accordingly in favour of the complainant.   

13.  POINT No.3:-  In view of above findings, in the result the complaint is partly allowed as indicated below:

1. The 1^st opposite party is directed to pay Rs.250/- (Rupees two hundred fifty only) to the complainant.
2. The 1^st opposite party is directed to pay Rs.2000/- (Rupees two thousand only) as damages to the complainant.
3.  The 1^st opposite party is directed to pay Rs.1,000/- (Rupees one thousand only) as costs.
4. No relief is granted against 2^nd opposite party as not claimed.
5. The above amounts have to be deposited within a period of six weeks from the date of receipt of the copy of the order failing which it carries interest from thereon                @9% p.a., till realisation.

 Typed to my dictation by Junior Stenographer, corrected by me and pronounced in the open Forum dated this the 31^st of January, 2013.

          MEMBER                        MEMBER                                 PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant  :

For opposite parties:       NIL

                                                                            PRESIDENT

NB:   The parties are required to collect the extra sets within a month after receipt of this order either personally or through their advocate as otherwise the extra sets shall be weeded out.