Tamil Nadu

South Chennai

CC/248/2018

M Antony alias - Complainant(s)

Versus

M/s Videocon D2H - Opp.Party(s)

M/s D Prabhu

25 Apr 2019

ORDER

                                                                        Date of Filing  : 07.05.2018

                                                                          Date of Order : 25.04.2019

                                                                                  

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.248/2018

DATED THIS THURSDAY THE 25^TH DAY OF APRIL 2019

                                 

M. Antony alias Antonyous Flamstid Abraham,

S/o. Mr. A. Maria Joseph,

No.10/1, Flower Street,

Saidapet,

Chennai – 600 001.                                                        .. Complainant.                                            

 

           ..Versus..

 

1. VIDEOCON D2H LIIMITED,

Presently known as DISH TV INDIA LIMITED,

(Formerly Bharat Business Channel Limited),

First Floor, Techweb Centre,

New Link Road,

Oshiwara,

Jogeshwari (W),

Mumbai – 400 102.  

 

2. VIDEOCON D2H LIIMITED,

Presently known as DISH TV INDIA LIMITED,

Regional Office:-

C/o. Videocon Telecommunications Ltd.,

Second Floor, Campus -2,

RMZ, Millenia Business Park,

No.143, Dr. MGR Road,

Perungudi,

Chennai – 600 096.                                               ..  Opposite parties.

          

Counsel for the complainant   :  M/s. D. Prabhu & others

Opposite parties 1 & 2            :  Exparte

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.1,00,000/- towards compensation for mental agony suffered by the complainant due to the act of gross deficiency in service of the opposite parties with cost.

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

The complainant submits that he purchased a Videocon DTH HD bearing ID No.153747310 on 31.08.2005 and using the same for a long time.   On 10.03.2018, the complainant shifted his residence to the present address was duly informed to the opposite parties and paid the monthly charges of Rs.200/- on 30.03.2018 for the period upto 20.04.2018 and requested the opposite party dealer the ‘Welcome Electricals’ for shifting the Videocon DTH HD connection to the present address.  The complainant registered the request of transfer through the customer care on 30.03.2018.    On 31.03.2018, at about 06.00 P.M. one person from the opposite party came and shifted the connection to the present address of the complainant and obtained a sum of Rs.450/- + Rs.252/- + Rs.50/- + Rs.50/- totalling  of Rs.802/- towards shifting charges and re-fixing charges without giving any receipt.  The complainant submits that on 03.04.2018 at about 08.10 PM, the Videocon DTH HD connection was disconnected by the opposite parties.  While contacting the opposite parties’ officials and filed complaint of disconnection nobody answered properly.  The complainant submits that  the opposite parties have told that the complainant has failed to pay disconnection and re-fixing charges which has caused great mental agony.   The complainant lodged a police complaint on 04.04.2018 for which, CSR No.103/2018 was issued on 05.04.2018. Thereafter, the complainant issued legal notice dated:09.04.2018 for which, the opposite parties sent email message admitting that the complaint will be resolved.  But till date the opposite parties has not come forward to settle the demands of the complainant.   The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     Mr. S. Muthukrishnan, Advocate initially filed Vakalath for the opposite parties 1 & 2 but subsequently failed to file written version within the stipulated time and hence, the opposite parties 1 & 2 were set Exparte.  

3.     Though the opposite parties 1 & 2 remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     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 &  Ex.A5 are marked.     

 

5.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony and deficiency in service with cost as prayed for?

6.      On point:-

The opposite parties 1 & 2 after entered appearance has filed Vakalath but failed and neglected to file written version.  Hence, the opposite parties 1 & 2 were set exparte.  The complainant filed his proof affidavit, documents and written arguments.  Perused the records namely; the complaint, proof affidavit and documents of the complainant. The complainant pleaded and contended that he purchased a Videocon DTH HD bearing ID No.153747310 on 31.08.2005 and using the same for a long time.  Ex.A1 is the copy of Customer Agreement Form.  On 10.03.2018, the complainant shifted his residence to the present address was duly informed to the opposite parties and paid the monthly charges of Rs.200/- on 30.03.2018 for the period upto 20.04.2018 and requested the opposite party dealer the ‘Welcome Electricals’ for shifting the Videocon DTH HD connection to the present address.  The complainant registered the request of transfer through the customer care on 30.03.2018.  But the complainant has not produced any document.  On 31.03.2018, at about 06.00 P.M. one person from the opposite party came and shifted the connection to the present address and obtained a sum of Rs.450/- + Rs.252/- + Rs.50/- + Rs.50/- totalling  of Rs.802/- towards shifting charges and re-fixing charges without any receipt.  

7.     Further the contention of the complainant is that on 03.14.2018 at about 08.10 PM, the Videocon DTH HD connection was disconnected by the opposite parties.  While contacting the opposite parties’ officials and filed complaint of disconnection nobody answered properly.  On the other hand, the opposite parties have told that the complainant has failed to pay disconnection and re-fixing charges which amounts to unfair trade practice.   Further the contention of the complainant is that he lodged a police complaint on 04.04.2018 as per Ex.A2 for which, CSR No.103/2018 was issued on 05.04.2018 as per Ex.A3.  Thereafter, the complainant issued legal notice dated:09.04.2018 as per Ex.A4 for which, the opposite parties sent email message as per Ex.A5 admitting that the complaint will be resolved.  But till date nothing resolved proves the deficiency in service of the opposite parties.  The complainant is claiming a sum of Rs.1,00,000/- for such deficiency in service. The opposite parties remained exparte.  Considering the facts and circumstances of the case, it is apparently very clear the opposite parties has shifted the Videocon DTH HD connection without receiving the charges.  The reason for disconnection,e that not receiving the charges for re-fixing the connection; is not acceptable because, the connection was shifted to the new address and fixed.  Hence, this Forum is of the considered view that the opposite parties 1 & 2 shall give due Videocon DTH HD connection within one month, failing which, the opposite parties 1 & 2 shall pay a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable give Videocon DTH HD connection within one month failing which, the opposite parties 1 & 2  are jointly and severally liable to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

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 25^th day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	03.08.2015	Copy of Customer Agreement Form (CAF) Cum Workorder
Ex.A2	04.04.2018	Copy of police complaint  by the complainant to J-1 Saidapet, Police Station
Ex.A3	05.04.2018	Copy of CSR No.103/2018 issued by J-1 Saidapet, Police Station
Ex.A4	09.04.2018	Copy of legal notice along with AD card and returned cover
Ex.A5		Copy of message sent by the opposite parties to the complainant to his registered mobile phone bearing complaint Nos.575650822 & 575666981

 

 

 

MEMBER                                                                  PRESIDENT