Haryana

Ambala

CC/125/2018

Bharat Bhushan - Complainant(s)

Versus

Moti Digital Cable Network - Opp.Party(s)

In Person

16 Jul 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        : 125 of 2018

                                                          Date of Institution         : 11.04.2018

                                                          Date of decision   : 16.07.2018

 

 

Bharat Bhushan S/o Lt Sh. Ram Ditta Mal, resident of H.No.59, Saraswati Nagar, Ambala City.

   ……. Complainant.

 

 

1.       Moti Digital Cable Network, Shop No.94, New Milap Nagar, Ambala City.

 

2.       Fastway Transmissions Pvt Ltd. Lajjya Tower, Near E.P.F. Building Sham Nagar, Ludhiana- 141002.

 

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

 

 

Present:       Complainant in person.

Ops already exparte v.o.d. 04.06.2017.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant is having two cable connections of Fastway company operated by OP No.1. The complainant had been paying regularly at the rate of Rs. 200 each as per the prevailing charges and there was no complaint of any kind from the operator side in paying the bills. After about three months one of the set top box bearing serial no. FCBFQRZFF became defective and on our request the same was taken out by the operator for necessary repairs from the Fastway Company and promised to return within a week after repair. After lapse of eight months the operator do not respond and never returned the repaired set top box till date after our repeated request forcing us to make alternate arrangements i.e. installation of Tata Sky to continue our entertainment causing additional financial burden. The complainant has been regularly paying charges of his second set top box no. FCBFQQZPM CRN-CR 1044861878 and getting the unauthenticated receipts from the Moti Digital Cable Network till August 2017. In the month of September 2017 the complainant enquire about the second repaired set top box from the operator when he visited the premises for collection of his monthly subscription.  The operator do not respond and the complainant requested him to either return the repaired set top box or to adjust the cost i.e. Rs. 1,400/- of removed set top box against the monthly subscription. The operator instead of reinstalling of repaired set top box  or adjusting  the cost of the box against the regular subscription  disconnect the other Set Top Box which was running  in the same premises without giving any prior notice as per the rules laid down by TRAI causing  inconvenience to the complainant. The complainant has to install another Dish TV to continue entertainment and causing additional financial burden. Now, second serviceable Set Top Box pertaining to Fastway Company is also lying useless with the complainant. The complainant has also lodged a complaint to M/s Fastway on 23.11.2017 on their customer care number. They responded  the complaint and assured the complainant that the complaint will be resolved by M/s Darshana Devi within 4-8 days but nothing do so by them. The fastway company also failed to force his operator for resolving the dispute within the stipulated time period. In this way, the complainant has suffered after spending amount. Hence, the present complaint.

2.                Registered notices issued to Ops but none have appeared  on their behalf and they were proceeded against exparte v.o.d. 04.06.2017.

3                 To prove his version complainant tendered his affidavit as Annexure C-A along with documents as Annexure C-1 to Annexure C-3 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The version of the complainant in that case that he has two cable connection of Fastway operated by OP No.1 and paying the prevailing charges @ Rs.200/- P.M. but after three months one set top box bearing serial no. FCBFQRZEF become defective and he requested to the OP No.2 for repairing the same.  After lapse of 8 months, Ops failed to repair the set top box and another set top box No. FCBFQQZPM CRN-CR 1044861878 which was purchased by the complainant become defective and requested to the OP No.2 for repair the same but they neither repaired the same nor replaced the same and they also refused to adjust the cost of the set top box against the monthly subscription. The complainant further taken the plea that without repairing both set top box and without notice they have discontinued the other one set top box bearing no. FCBFQQZPM CRN-CR 1044861878. After disconnecting the set top box mentioned above, he has to install another dish TV for continue of their entertainment and his second set top box is lying useless. The complainant has sent the e-mail to the Ops for resolving the matter but they failed to do so. The complainant further taken the plea that he has to purcahse another to TATA SKY CONNECTION and Dish TV connection costing   Rs. 3,500/-  to continue his entertainment.

5.                We have gone through the facts and circumstances, there is no document on the file whether the complainant has purchased two set top box from the Ops and there is also nothing on the case file to show that two other connections such as Tata Sky Connection and Dish TV were actually purchased and  got installed in lieu of the disconnection of the set box by the Ops.

6.                In view of above discussion, we are of the view that the complainant has miserably failed to prove his case and there is no link evidence qua installing as well as purchasing of any set top boxes and thus the complaint is devoid of any merits.  Accordingly, the complaint is hereby dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :16.07.2018              

                            

 

 

  (PUSHPENDER KUMAR)             (D.N. ARORA)

                   Member                                          President