D.o.F: 2/2/07<br /> D.o.O:11/8/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.NO.10/07<br /> Dated this, the 11th day of August 2008<br /> <br /> PRESENT;<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> <br /> Joseph George.T,<br /> Thokkanath House, : Complainant<br /> Karindalam .PO,<br /> Nileshwar Via,Kasaragod.<br /> <br /> 1. Manager,<br /> ASC Enterprises Ltd,<br /> B.10.Essel House, <br /> Lawrence road,<br /> Delhi-110035. : Opposite parties<br /> 2. K.Umesh Kamath,<br /> Umesh Kamath Co.Ltd,<br /> Kanhangad.<br /> ORDER<br /> <br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> <br /> Shortly stated, the case of Joseph George is that he purchased a Dish antenna with connection from Umesh Kamath manufactured by ASC Enterprises limited. At the time of purchase opposite party offered life time connection of Asianet channel and certain other Malayalam channels totaling 48 T.V channels and 14 radio channels. But after one month the number of channels were curtailed to 33 which included Malayalam channels. When contacted Umesh Kamath, it was told to him that he has to pay Rs.262/- per month to avail Malayalam channels. Hence the complaint praying for an order against opposite party to supply all channels as envisaged or to return the entire amount of purchase money of Dish and a compensation of Rs.25000/- and cost of the proceedings.<br /> <br /> <br /> 2. Opposite party No.1 Manager ASC Enterprises Ltd entered appearance through a counsel but not filed any version. Umesh Kamath filed version and contended that he has not made any promise to complainant and the T.V.channels were made available by ASC enterprises limited under different packages on payment of specified charges and he is not a provider of Dish T.V channels and the agreement is in between ASC enterprises limited and Joseph George. <br /> <br /> 3. Complainant was examined as PW1 and Exts.A1 to A5 marked. Opposite party No.1 has not adduced any evidence. For opposite party No.2 Umesh Kamath his son Rajesh Kamath filed affidavit and he was cross-examined by Joseph George.<br /> <br /> 4. None of the documents produced will go to show that the subscriber is offered life time access to any channels as alleged by Joseph George.<br /> But now a days it is a practice in vogue among the traders and various service providers to make sweet promises to customers as part of promotion of their business and to allure them to accept or purchase such services or goods and ultimately when the customer falls in to their trap and purchase or accept such goods or services withdraw from such offers or promises. Joseph George happened to be a victim of such an unfair trade practice. It is his case that had he been told that no channels will be available after one year if he does not pay monthly subscriptions then he would not have been purchased the Dish T.V. antenna His specific case is that he was enticed with the representation that at least Asianet and certain Malayalam channels will be available during life time and that prompted him to purchase Dish DTH T.V. Antenna A prudent reasonable man will not spent Rs.3100/-(Rs.2600/- being the cost of Dish T.V antennae and Rs.500/- towards the Dish T.V membership fee) for getting cable channels only for a year when there are local cable service providers are rendering cable channels for Rs.150/- per month. This is a quite common factor known to everybody except to Umesh Kamath as he denied this aspect in his version.<br /> <br /> 5. This being the situation we accept the case of Joseph George and hold that the opposite parties are committed unfair trade practice.<br /> <br /> 6. Reliefs and costs:<br /> <br /> Joseph George during examination admitted that he received the cable channels for one year. Certainly he is liable to pay some amount at least for the said facility. If it is considered that he availed such a facility through a local cable T.v service provider he should have pay at least Rs.150/- per month towards subscription. So the total amount for the same would be Rs.1800/- for a year. If this amount is considered them the additional loss he incurred purchasing Dish T.V is Rs.1300/-(Rs.3100-1800). Definitely opposite parties are liable to refund the said amount to Joseph George.<br /> <br /> Therefore, we direct ASC enterprises Ltd and Umesh Kamath Co.Ltd Kanhangad jointly and severally to refund a sum of Rs.1300/- to Joseph George along with a cost of Rs.1000/- within 30 days from the date of receipt of copy of order. On receipt of the said amount the complainant shall return the Dish Antenna to 2nd opposite party in the condition now kept.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> Exts;<br /> A1-Advertisement of dish freedom plus<br /> A2-27/5/06-cash bill<br /> A3-cash bill<br /> A4-Subscriber application form<br /> A5-leavelet<br /> PW1-Joseph George-complainant<br /> DW1-Rajesh Kamath-witness of OP.2.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> eva <br /> <br />