Delhi

North

CC/103/2019

MUNESH KUMAR - Complainant(s)

Versus

M/S. INDEPENDENT TV & ORS. - Opp.Party(s)

14 Jun 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

C.C. No: 103/2019

 

Sh. Munesh Kumar

50C, DDA Flats, Boulevard Road,

Tis Hazari, Delhi-110054                                                               …                                                  Complainant

 

                                                                                                Vs

 

M/s Independent TV

H-Block, 1^st Floor,

Dhirubhai Ambani Knowledge City

Koparkhairne, Navi Mumbai,

Mumba-400710                                                                                …                                  Opposite Party No.1

 

M/s Reliance Digital TV,

Reliance Centre Santacruz,

2^nd Floor, South Wing,

Near Prabhat Colony,

Off Western Express Highway,

Santacruz (East), Mumbai-400055                         …                           Opposite Party No.2

 

ORDER

 14/06/2023

 

Ashwani Kumar Mehta, Member:

 

(1)           The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the Complainant booked a new DTH connection of Reliance Big TV and online payment of Rs.499 was also made with Booking ID is 14537141 on 26.03.2018. The maximum time prescribed between booking and installation was 30 to 45 days. However, neither the connection was installed within the stipulated period nor any information/ justification for delay was provided by the DTH operator.The Complainant after several  attempts, contacted the Reliance Digital TV customer care no.18002009001 on 18.06.2018 & 20.06.2018 wherein the customer care executives replied only that the connection will be installed very soon (call recordings are available with the complainant). An email was also sent on customer@reliancedigitaltv.com on 27.06.2018 complaining about non-installation of DTH connection but no reply was ever received. Thereafter, Complainant raised his grievance on customer care no.18002009001 and asked for the refund of pre-booking charges i.e. Rs.499/- but was falsely assured that connection will be installed within a week. The Complainant received a call from landline number 0120-3947000 in July 2018 wherein caller identified herself to be a Reliance Big TV customer support executive and assured that connection will be installed before 31.07.2018. However, after much persuasion through complaints, the DTH connection was installed on 03.09.2018 at the residence of the Complainant and instead of Reliance Big TV, some independent TV dish and set top box was installed. The technician, who installed the connection, informed that M/s Independent TV is the subsidiary of Reliance digital TV, hence, the Complainant had no option but to accept the installation and paid Rs.1500+ 250 (for balance subscription & installation).

 

(2).         It has further been alleged that from the very beginning, the services of independent TV were shoddy and even the program information/ schedule, which is a general norm, was not available on independent TV interface. The inbuilt setting of the set top box showed picture quality of 40% only and even after complaints, no action was taken by independent TV. The problem further aggravated when the DTH operator removed the HD channels from subscribed television channels pack in January 2019 and on 21.03.2019 onwards, paid channels were also removed from my connection causing severe harassment as even kids were not able to watch their favourite cartoon/educational channels. The Complainant again called the customer care no.18002009001 and found that this number is no longer in service for independent TV. After rigorous search, a new number 18604191234 was located for customer care and on calling to this number, tt was informed that the channels have been stopped as per TRAI orders. However, no such order copy or reference was provided. The Complainant has quoted the Telecom Regulatory Authority of India (TRAI) notification dated 07.03.2017, clearly stipulates that DTH operator shall continue to provide services as subscribed under advanced rental plan. The provision of relevant para 17 are as under:-

 

“17. Price protection to subscribers- In case, the broadcasting services related to television have been availed by a subscriber with a lock-in period or the charges for subscription of broadcasting services related to television are paid in advance for a specific period by a subscriber in pursuance of any scheme offered by the distributor of television channels, the distributor shall continue to provide such services for such period to the subscriber without any increase in the price of subscription and without altering the other terms of subscription to the disadvantage of the subscriber”.

 

(3)          The Complainant alleged in this regard that DTH operator has migrated the originally subscribed plan without consent or willingness of the Complainant and now demanding money for restoring the channels earlier included in subscribed plan under the excuse of Government regulations for removing almost all the channels from his TV package. It is further alleged that the DTH connection has become partially unserviceable as even free channel’s broadcast is buffering/breaking every 10 seconds. The Complainant has made several complaints through email/telephone calls but no response has been received. However, on email complaint dated 06.04.2019 the acknowledgement received is reproduced hereunder:

“We would like to acknowledge that we have received your request and a Ticket ID 8641 has been created. A support representative will be reviewing your request and will sent you a personal response. (usually within 24 hours).”

(4)          The OPs- 1 & 2 have neither replied to the communications/ emails or telephone calls at customer care no.18002001234 has become unserviceable and new customer care no. 18604191234 it is always busy. Therefore, the Complaint has been filed praying for directions to the OPs to:-

i. restore the full DTH services immediately as per the plan subscribed originally   with HD and other paid/free channels;

ii. pay a sum of Rs.2,50,000/- on account of deprivation from entertainment & recreation, mental torture, pain, agony suffered by the Complainant and its family (spouse and two kids) and also on account of deficiency of service;

iii. pay Rs.30,000/- as damage for unilaterally removing paid channels from the subscribed plan of the Complainant;

iv. pay the Rs.10,000/- for forced expenditure on use of internet connection to view TV programmes and delayed in installation of connection;

v. pay a sum of Rs.10,000/- to the Complainant on account of fees paid for legal consultation or any other sum as per the will of the Hon’ble Commission.

(5)          Accordingly, notices were issued to the OPs to defend the complaint before the commission but the OPs neither appeared nor sent any communication despite service of the notice. Since the OPs chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records and we are of the considered view that the complainant has suffered directly due to deficient service of the OPs in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

      4.      Therefore, we feel appropriate to direct the OP-1 and OP-2, to refund Rs.2249/- (Rupees Two Thousand Two Hundred Forty Nine only), jointly and severally, within thirty (30) days from the date of this order, with interest at the rate of 9% p.a. from 27.05.2019 (date of filing of complaint) till the date of the payment. Besides, the OP is also directed to pay Rs.25,000/-(Rupees Twenty five Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

5.            Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                                        DIVYA JYOTI JAIPURIAR

                                                   Member                                                                                     President       

        DCDRC-1 (North)                                                                        DCDRC-1 (North)