This C.D. coming on before us for hearing, in the presence of Sri.V.Rambabu, Advocate for the complainant and in the presence of Sri. A.Venkata Ramana and Sri V. Kasiviswanadha Rao, Advocates for the opposite party : upon perusing the material papers on record; upon hearing, and having stood over for consideration, this Forum passed the following:
ORDER
(Per Sri.K.V.Kaladhar, FAC President )
1. This complaint is filed under section 12-A of Consumer Protection Act, 1986.
2. The brief facts of the complainant are that the complainant is a resident of Palvoncha Town and he purchased a Colour Television on 10/10/05 and obtained cable connection on 20/10/05. Since then the complainant has been suffering with the Cable Connection, on 27/3/06 with the people of the 9th ward about hundred signatures they have represented the matter to the R.D.O. at Palvoncha. Having grudge with this the Opposite Party disconnected the cable connection of the complainant and threatened the complainant with dire consequences with his men. Since 28-3-06 the complainant is not having any cable connection. As the Opposite Party disconnected the cable connection from 27-3-06 he deprived of Television programmes of education, General
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Knowledge, Science and Technology. Hence he sustained loss and mental agony and he is not able to explain to the students about these programmes. Hence I filed this complainant for damages of Rs.1,00,000/- and also directed the Opposite Party to give cable connection.
2. The complainant filed his affidavit.
3. The Opposite Party filed counter stating that the complainant is a consumer of this Opposite Party for the last 8 years. This opposite party providing cable services in area of Palvoncha Town, for the last 15 years. There are about 400 to 500 connections under this Opposite Party most of them are employees. There was no complainant any of the consumers all these years. The complainant alone causing and create the problems to this Opposite Party. The complainant was having Black & White Television earlier, for which cable connection was given by this Opposite Party. The complainant enjoyed the facilities provided by this opposite party without paying monthly charges. There by the complainant become defaulter of non-payment of service charges to this opposite party. This Opposite Party demanded many times for the due amount from the complainant. The complainant without paying the service charges and gave illegal connection to his tenant and use to collect service charges every month from him. When the Opposite Party came to know about the illegal activity of the complainant the cable connection to the complainant was immediately disconnected. The complainant had given a complainants to the R.D.O., Palvoncha and an enquiry was conducted by the R.D.O. of Palvoncha, order to provide connection to the complainant. The Opposite Party agree to comply the orders of R.D.O. and entrust the job to their workers to give connection to the complainant when they approached the complainant is refused the connection and demanded Rs.1,00,000/- amount and also abused opposite party in filthy
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language. The Opposite Party also got issued legal notice to the complainant, claim the damages for the loss of image and reputation in the locality. The said notice was acknowledged by the complainant but the complainant did not give any reply. The complainant is still due Rs.1500/- and the complainant had also started a Seva Society without any registration from concerned authority. Hence dismiss the complainant.
4. The opposite party filed the following documents. (1) Representation to the Chief Ministers dated 25-5-06 (ii) Acknowledgement receipts No.(7) dated 25-5-06 (iii) Show cause notice issued by R.D.O. dated 19-5-06 (iv) Explanation to the Show Cause Notice dated 25-5-06 (v) Application to the R.D.O., Palvoncha dated 25-5-06. (vi) Copy of the legal notice dated 23-6-06.
5. Whether the complainant entitled as prayed for.
6. It is the contention of the complainant that he had purchased a Colour Television on 10/10/05 and having cable connection to his Television from 20-10-05. But the programmes were not clear, a representation was given to the R.D.O. with the 9th ward people. Having grudge in his mind the Opposite Party disconnected the cable connection of the complainant. For which the contention of the opposite party is that . The complainant is a consumer of this opposite party for the last 8 years. The complainant was having Black & White Television earlier, in which the cable connection was given by this Opposite Party. The complainant enjoyed the facilities for a long time without paying monthly charges. The complainant without paying the cable charges he had given illegal connection to his tenant and used to collect services charges every month from him. Hence there is no deficiency in service pray to dismiss the complaint. From these two rival contentions put forth by the complainant and opposite party it appear that there was a personal grudge between the complainant and opposite party. From the documents filed by the opposite party it is proved that the opposite party disconnected the cable connection of the complainant.
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Hence we are of opinion that the opposite party has to give cable connection to the complainant, and the complainant, has to pay the monthly bills regularly to the opposite party. However we are not awarded any damages accordingly the C.D. is allowed.
7. In the result opposite party is directed to give cable connection to the complainant and also directed the complainant to pay the monthly Bills regularly to the Opposite Party and obtain proper receipt for the same. Accordingly the C.D. is allowed.
8. Dictated to the Stenographer, transcribed by him corrected and pronounced by us in the open Forum on this is the 22nd day of November ,2006.
FAC President Member
District Consumers Forum, Khammam.
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite Parties
None None
DOCUMENTS MARKED FOR
Complainant Opposite Parties
NIL NIL
FAC President Member
District Consumers Forum, Khammam.
