Tamil Nadu

South Chennai

CC/431/2018

P M Palanivel - Complainant(s)

Versus

M/s Airtel Digital TV & another - Opp.Party(s)

Party in person

09 Jan 2020

ORDER

                                                                                 Date of filing  : 10.12.2018

                                                                                   Date of order : 09.01.2020

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.431/2018

DATED THIS THURSDAY THE 09^TH DAY OF JANUARY 2020                            

P.M. Palanivelu,

S/o. Mr. P. Munuswamy,

New No.15, Old No.4/3,

Sixth Cross Street,

RV Nagar Main Road,

Anna Nagar East,

Chennai – 600 102.

Tamil Nadu.                                                                    .. Complainant.  

                    

..Versus..

 

1. The Nodal Officer – Chennai Division,

Airtel Digital TV,

Bharathi Telemedia Limited,

Fifth Floor – Oceanic Tower,

No.101, Santhome High Road,

Santhome,

Chennai – 600 028.

Tamil Nadu.

 

2. The Appellate Authority,

Airtel Digital TV,

Bharathi Telemedia Limited,

Eighth Floor – Oceanic Tower,

No.101, Santhome High Road,

Santhome,

Chennai – 600 028.

 

3. The CEO / MD,

Airtel Digital TV,

Bharathi Telemedia Limited,

Oceanic Tower,

No.101, Santhome High Road,

Santhome,

Chennai – 600 028,

Tamil Nadu.                                                             ..  Opposite parties.

 

For the complainant        :  Party-in-person

Opposite parties 1  to 3   :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 3 under section 12 of the Consumer Protection Act, 1986 prays to disconnect all the services of Airtel Digital TV and refund the prorated balance INR 3383.92 as on 15.06.2018, the day the service was disrupted in the connection 3000375198-001 with standard interest rate and to pay compensation amount of INR 25000 for mental agony, harassment, physical exertion with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is a customer and user of Airtel Digital TV and had procured the Airtel Digital TV connection with Consumer ID No.3000375198-001 on 29.12.2012 with the provision of customer Provisional Equipment (CPE) as per TRAI for which, the prescribed cost was paid to the Airtel Digital TV, Bharathi Telemedia Ltd. well in advance.  The  initial prescribed amount was given for the provision of CPE including cable wire, HD DVR set top box, dish antenna, low noise block converter (similar equipment) and HDMI cable to the TV.  The complainant submits that on 15.06.2018 onwards, the said Airtel Digital TV connection was malfunctioned.   There is no reception of channels to the said Airtel Digital TV.  The recording also not possible and a complaint was given to the opposite parties on the same day and received an acknowledgement of the same to the complainant’s registered cell number 9790911812.   But there was no attention given to the complaint.   Even after repeated requests and demands through e-mail, the opposite parties has not come forward to rectify the defects. 

2.     The complainant submits that he requested for closure of the Airtel Digital TV connection and refund his balance amount.  The balance amount is INR 3383.92 as on 15.06.2018, the day the service was disrupted.   He had taken Airtel Digital TV annual subscription of infinity pack on 18.01.2018 by paying INR 5801.  The balance amount is prorated from the date of service.   Hence, the complainant sent a compliant via registered post on 28.06.2018 and email to the 1^st opposite party attaching the conversations and phone call complaints made to the Airtel Digital TV customer service department.  Even though there were standard template replies to the emails but no fruitful solution was provided within the prescribed time limit as per TRAI rules and Airtel Service Manual.   Subsequently, with no proper resolution from the 1^st opposite party, the complainant had sent a complaint via registered post on 10.07.2018 and email to the 2^nd opposite party attaching the conversations and phone call complaints made to the Airtel Digital TV’s customer service department and the complaint sent to the 1^st opposite party.   Here too, the replies of standard template with no reference to his problem.   The opposite parties have expressed their inability to repair and solve his problem.  But no follow through actions were done.  After apathetic replies from the opposite parties 1 & 2 the complainant sent a complaint via registered post to the 3^rd opposite party with all the above complaints made to the customer care, the opposite parties 1 & 2 on 31.07.2018.   No replies have been received till date.   The act of the opposite parties 1 to 3 caused great mental agony and inconvenience to the complainant.   Hence, the complaint is filed.

3.     In spite of receipt of notice, the opposite parties 1 to 3 have not appeared before this Forum and hence, the opposite parties 1 to 3 were set ex-parte.

4.     Though the opposite parties 1 to 3 were remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as his evidence and also documents Ex.A1 to Ex.A8 are marked.  

6.      The points for consideration is:-

1. Whether the complainant is entitled to have the disconnection of services of Airtel Digital TV as prayed for?
2. Whether the complainant is entitled to get refund of a balance INR 3383.92 as on 15.06.2018 with interest and compensation of INR 25000 towards mental agony, deficiency in service etc with cost as prayed for?

7.      On point:-

The opposite parties 1 to 3 after receipt of notice has not entered appearance and remained ex-parte.   The complainant filed proof affidavit, documents, written arguments etc.   Heard the complainant’s Counsel also.   Perused the records.    The complainant pleaded and contended that he is a customer and user of Airtel Digital TV connection Consumer ID No.3000375198-001.  Ex.A1 is the Prescribed Application Form / Customer Relationship form dated:29.12.2012. According to TRAI (Telecom Regulation Authority Notification), Ex.A8, the complainant used the Airtel Digital TV connection and the cost of Airtel Digital TV connection was paid every month.   Since, the Customer Provisional Equipment (CPE) namely; cable wire, HD DVR set top box with channels having internal storage capacity, remote control for set top box, dish antenna, low noise block converter and HDMI cable to the TV towards the clearance of picture.  

8.     Further the contention of the complainant is that on 15.06.2018 onwards, the said Airtel Digital TV connection was malfunctioned.   There is no reception of channels to the said Airtel Digital TV.  The recording also not possible and the malfunction was intimated to the opposite parties on the same day.   Even after repeated requests and demands through e-mail, the opposite parties has not come forward to rectify the defects and there was no response also.  Hence, the complainant was constrained to close / disconnect service and requested the opposite parties for refund the balance amount of INR 3383.92.   But on a careful perusal of records, it is very clear that as per Ex.A1, Application Form the opposite parties installed the Airtel Digital TV connection with all accessories and was functioned without any interruption till 15.06.2018.   Due amount towards the rent was paid by the complainant as per Ex.A2 which is very clear that payment of advance amount in the wallet.  Every month, the opposite parties deducted the subscription.  The opposite parties also has not come forward to rectify the defect in the set top box.   There is no document to prove that the said top box was rectified.  The claim of refund of INR 3383.92 has not been explained and how the amount was arrived also has not been explained by the complainant.   The documents filed in this Forum is absolutely vague.  

9.     Further, it is also very clear from the records that after claiming for the closure of the connection, there is no demand on the part of the opposite parties towards monthly subscription in this case.  There is no evidence to prove that the complainant paid an advance amount in order to settle the bill amount up to 15.06.2018 and claiming the balance.   There is no deficiency in service on the part of the opposite parties in disconnection of the service of Airtel Digital TV connection arises because admittedly, the Airtel Digital TV connection is not functioning from 15.06.2018 and the opposite parties has  not come forward to rectify the defects and not claiming any monthly subscription from 15.06.2018.  Thereby, the Airtel Digital TV connection presumed to be closed.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 09^th day of January 2020. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	29.12.2012	Copy of Prescribed Application Form / Customer Relationship Form with the customer ID
Ex.A2		Airtel Digital TV subscription paid
Ex.A3		Copy of details of the complaints given to the customer care of Airtel Digital TV
Ex.A4		Copy of written complaint by registered post and email complaint to the Nodal Officer of the Airtel Digital TV
Ex.A5	10.07.2018	Copy of written complaint by registered post and email complaint to the Appellate Authority of the Airtel Digital TV
Ex.A6		Copy of written complaint to the CEO/MD of Bharati Telemedia Ltd.
Ex.A7		Copy of manual of practice for Airtel Digital TV/DTH Customers
Ex.A8		Copy of Telecom Regulatory Authority (TRAI) Notification – Part III Section 4

 

 

MEMBER                                                                                                                                             PRESIDENT