2. Krishna Sai Electronics,

   Rep. by its Proprietor,

   Main Road,

   Repalle, Guntur District.                                    … Opposite Parties

        This complaint coming up before us for final hearing on                      08-06-11 in the presence of Sri N.Srinivasa Rao, Advocate for complainant and of Sri M.V.Subba Rao, Advocate for opposite parties, upon perusing the material on record, hearing both sides and having stood over till this day for consideration, this Forum made the following: 

O R D E R

PER SMT.T.SUNEETHA, LADY MEMBER:

                This complaint is filed under section 12 of the Consumer Protecting Act, 1986 by the complainant seeking directions on opposite parties to refund the amount of Rs.2,200/- collected from the complainant towards installation of DTH service connection, Rs.90,000/- towards compensation for mental agony and Rs.5000/- towards costs of complaint.

2.      The averments of complaint in brief are as follows:

                The complainant by paying Rs.2200/- obtained Sun Direct DTH connection on 01-04-08 from 2^nd opposite party (service provider of 1^st opposite party) while taking connection, the 2^nd opposite party gave brochure to complainant stating that all Telugu News Channels will be telecasted daily as per the package.  The channels TV5 and NTV are also mentioned in the package. 

                After one year from February, 2008 and from 26-03-09 TV5 and NTV channels were not telecasted respectively. The complainant complained the same to 2^nd opposite party and on their advice he purchased card worth Rs.1000/- and another card for Rs.200/- towards Z News package. Even then, the said channels were not telecasted.  Inspite of several complaints made to 2^nd opposite party, they did not make any efforts to provide service of telecasting NTV and TV5.  Then the complainant requested to refund the amount paid by him by taking back the instrument of Set-Box but the opposite parties did not respond to the same.  

                The complainant being a senior citizen is very much interested in watching news. He could not view latest updates of elections during election time, due to which he suffered mental agony.  The 2^nd opposite party did not provide services according to brochure and in the year 2009, the services were completely stopped by the opposite parties, which amount to deficiency of service.  Hence, the complaint.

3.      The 1^st opposite party filed its version and the same is adopted by 2^nd opposite party, which is in brief as follows:

                It is utter false to contend that the contents made in the brochure are contradictory to the usage of the complainant as the complainant is well aware that the terms and conditions mentioned in the subscribed agreement are binding upon.  In the agreement it is clearly stated that “complementary channels which are given free for customers in basic pack.”  Sun Direct has right to remove the services in respect of this channels from the bundle on expiry of the complementary period without giving any notice and replace the same with any channel”.  The complainant is well aware that is regard to the package availed do not cover NTV and TV5 services. The complainant basic pack is covered through above said channels and in view of the right conferred through the agreement of the complainant this opposite party got action to remove any of the channels in basic package or alter the same at their convince.  The complainant suppressed about adding of new channels for his service by the opposite party there is no deviation specifically permit complainant with regard to his alleged allegation of removal of the channels.  The complainant is to be put to strict proof of that in case if any customer is given TV5 and NTV channels leaving behind the complainant.  The complaint is a frivolous one and it is liable to be dismissed. 

4.             The complainant and 1^st opposite party have filed their respective affidavits.  Ex.A1 to A4 on behalf of complainant and Ex.B1 on behalf of opposite parties were marked.

5.      Now the points for consideration are

1. Whether there is any deficiency of service on the part of opposite parties?
2. To what relief the complainant is entitled to?

6.      POINT No.1

                The complainant subscribed basic pack with the opposite parties and started viewing TV from 01-04-08.  The channels NTV and TV5 are also telecasted along with other channels as per the brochure. But from February, 2009 (ending) and from 26-03-09, the NTV and TV5 channels were not telecasted respectively.   The 2^nd opposite party stated that only in view of right conferred by terms and conditions of subscriber agreement (Ex.B1) they have not telecasted the above channels, which reads as follows:

The terms and conditions:

Complimentary channels:

                    Channels which are given free for consumer in basic pack,  Sun Direct has the right to remove the service in respect of the channel from the bundle on expiry of complementary period without giving any notice or replace the same with any other channel. 

7.                The subscriber agreement (Ex.B1) produced by opposite parties in support of their contention is just an empty form; it is neither singed nor filled by the complainant.  Therefore the subscriber agreement produced by the opposite parties before this Forum cannot be relied upon.   It can be assumed by this, that the opposite parties have not informed about the terms and conditions of contract/ subscribers agreement to the complainant prior to subscribing the service connection from the opposite parties, which amounts to deficiency of service.  Had the agreement been signed by the complainant, the Forum would have placed reliance upon that document. This point is answered in favour of the complainant.

8.      POINT No.2

                In view of the above discussion, the Forum opines that the opposite party committed deficiency of service and hence, the opposite parties are liable to compensate the complainant.

                In the result, the complaint is allowed in part in terms as indicated below:

1. The opposite parties 1 and 2 are directed to pay a sum of Rs.1000/- towards deficiency of service committed by them.
2. The opposite parties 1 and 2 are further directed to pay Rs.500/- towards costs of the complaint.
3. The amounts ordered above shall be paid within a period of six weeks from the date of receipt of copy of this order, failing which they shall carry interest at 9% p.a. till the date of realization.   

Typed to my dictation by the Junior Steno, corrected by me and pronounced in the open Forum, this the 17^th day of June, 2011.     

             Sd/- x x x                               Sd/- x x x                             Sd/- x x x      

          MEMBER                               MEMBER                            PRESIDENT

APPENDIX OF EVIDENCE

                                        DOCUMENTS MARKED

For Complainant:         

For opposite parties:

                                                                                                     Sd/- x x x

                                                                               PRESIDENT