Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 30.
Instituted on : 16.01.2019.
Decided on : 31.12.2019.
Mukul Kumar, aged 31 years son of Shri Jai Kishan, resident of House No.384/15, Sanjay Nagar, Opposite Civil Hospital, Rohtak.
………..Complainant.
Vs.
- M/s Dish TV India Ltd., FC-19, Sector 16A, Film City, Noida, Uttar Pradesh, Indian. Pin Code-201301(Through its Managing Director/Authorised Signatory).
Second Address:
- M/s Dish TV India Ltd. 18th Floor, A Wing Marathon Futurex, N M Joshi Marg, Lower Parel, Mumbai-400013 Maharastra (through its Managing Director/Authorized Signatory).
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Complainant in person.
Shri B.S. Kataria, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
The present complaint has been filed by the complainant with the averments that he had purchased a DishTV connection with entertainment pack through Online after making payment of Rs.4790/- for one year from the opposite party on dated 1.8.2018. The opposite party assured to the complainant that he is entitled to view all the 350 channels whether HD or normal, but after installation the same, he is able to view only 25 to 30 HD channels. In this regard, complainant contacted the opposite party many times through its customer care no.18602583474 as well as e-mail but all in vain. The opposite party also demanding Rs.7,000/- in addition to amount paid by the complainant. Now, since last 3/4 days, the opposite party has stopped the services without any intimation to the complainant. The complainant made telephonic requests to the opposite party but none of the executive is able to disclose the reasons for stopping of services to the complainant. That the act of opposite parties is illegal and there is deficiency in service on the part of opposite parties. As such, it is prayed that opposite parties may kindly be directed to pay an amount of Rs.4790/- alongwith interest @ 18% per annum w.e.f. 1.8.2018 to till its realization and to pay an amount of Rs.2,50,000/- on account of harassment as well as Rs.2,50,000/- as litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that on the date of purchase, the complainant paid an amount of Rs.4790/- for the STB, adaptor, remote, antenna and wire, under the scheme 12 months Gold Club HD Pack having a validity till 31.7.2019. It is further submitted that the opted pack i.e. Gold Club HD Pack consist of “Family HD Add-on + All sports HD Add-on + Bharat Pack + LDP A-la-carte + Punjabi Add-on. In the said pack, complainant was eligible to view 33 HD Channels in all i.e. Family HD -25 HD Channels and all sports HD – 8 HD Channels total amounting to 33 HD Channels. Moreover, SD Channels (i.e. Bharat pack for FTA Channels + LDP A-la-carte). It is further submitted that the opposite party no.1 and 2 duly credited the offer which was availed by the complainant at the time of booking the connection. It is further submitted that it is denied that Rs.7,000/- was ever demanded from the complainant and strict proof of the same is demanded in order to substantiate the allegations as mentioned by the complainant in his complaint. There is no deficiency in service on the part of the opposite parties. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with cost.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and has closed his evidence on dated 29.3.2019. On the other hand, ld. counsel for the opposite party has tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R4 and has closed his evidence on dated 8.7.2019.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that complainant had purchased a DishTV connection with entertainment pack from the opposite parties after making payment of Rs.4790/- for one year on dated 1.8.2018. The contention of the complainant is that the opposite party assured the complainant that he is entitled to view all the 350 channels whether HD or normal, but after installation the same, he is able to view only 25 to 30 HD channels. On the other hand, respondent officials have not sent any technical person to prove that all the channels are in working condition. Moreover, no such record has been placed on file by the opposite parties to prove that all the channels are viewable on the TV. Hence there is deficiency in service on the part of opposite parties and opposite parties are liable to compensate the complainant. On the other hand, opposite parties in their reply has submitted that the alleged amount of Rs.4790/- also includes the cost of STB, adaptor, remote, antenna and wire.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to refund the amount of Rs.4790/-(Rupees four thousand seven hundred and ninety only) alongwith interest @ 9% p,.a. from the date of filing the present complaint i.e. 16.01.2019 till its realization, Rs.3000/-(Rupees three thousand only) as compensation on account of deficiency in service & harassment and Rs.2000/-(Rupees two thousand only) as litigation expenses to the complainant maximum within one month from the date of decision. However, opposite parties are at liberty to take back the articles installed at the premises of the complainant at the time of giving connection to the complainant e.g. STB, adaptor, remote, antenna and wire as mentioned in their reply.
7. Copy of this order be supplied to both the parties free of costs and also sent to opposite party no.1 through registered post.
8. File be consigned to the record room after due compliance.
Announced in open court:
31.12.2019.
………………………………….. Nagender Singh Kadian, President
…...........................................
Renu Chaudhary, Member.
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Tripti Pannu, Member.
