ORDER<br /> Sri. Jacob Stephen (President):<br /> <br /> The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.<br /> <br /> 2. The brief facts of this case are as follows: The complainant have became a subscriber of “Dish T.V” entertainment with first opposite party by purchasing a digital box from the second opposite party on 20.09.2005 by paying Rs.3,990/- to the second opposite party for the package of DO1 – ‘Dish Welcome’. At the time of purchase of the system, the opposite parties promised that, for the first year, the complainant will get malayalam free to air channels including other free to air channels and a few pay channels and also promised that all free to air channels will be available to the complainant on payment of minimum monthly rent, and an another package with all available pay channels including free to air channels for a monthly rent of Rs.200/-. As promised by the opposite parties, the complainant received all malayalam free to air channels including other free to air channels and a few pay channels for one year. After one year, the complainant renewed his subscription on 19.09.2006 by paying Rs.450/- for six months for the free to air channels as per the package. But on activation, Asianet Plus and Amrita T.V. were not found. Later he came to understand that the opposite parties with ulterior motive included the said two malayalam channels in another package having monthly rent of Rs.200/- and it is against TRAI’s regulations. The picture quality was also not good as promised by the opposite parties. He is subscribed in the scheme of the opposite parties on the basis of the promises given by them. But the opposite parties failed to render the promised service. The above said acts of the opposite parties are deficiency of service and the complainant is entitled to realise an amount of Rs.3,990/-, the amount paid at the time of the purchase, with 12% interest with cost of this proceedings from the opposite parties. Hence this complaint.<br /> <br /> 3. The first and second opposite parties filed separate versions denying all the averments in the complaint. They have admitted the transactions between them. The opposite parties contended that they have not made any promises as the claim by the complainant. <br /> <br /> 4. The main contention of the first opposite party is as follows: The reasons for non availability of Asianet Plus and Amrita T.V. is that at the time of renewal, the complainant opted for a lower package by name Dish Welcome Tamil/Malayalam. In this package, Amrita T.V. and Asianet Plus were not included. At the first stage, the package opted by the complainant was Dish Welcome Tamil/Malayalam package which includes Amrita and Asianet Plus. The first opposite party has not violated any provisions of TRAI Regulations. It is also contended that the complainant took the connection on free will by signing the ‘SAF’ accepting the terms and conditions mentioned in the dish T.V. contract booklet. In the circumstances, there is no deficiency of service from the part of the first opposite party.<br /> <br /> 5. The main contentions raised by the second opposite party is as follows: They have not compelled the complainant to purchase the DHCP package and the non availability of channels is not within the knowledge of the second opposite party and it is not due to any of the fault of the second opposite party and there is no deficiency of service or unfair trade practice from their part. Therefore, the opposite parties pray for the dismissal of the above complaint.<br /> <br /> 6. On the above pleadings, the following points were raised for consideration:<br /> (1) Whether the complaint is maintainable before this Forum?<br /> (2) Whether the complainant is entitled to get any reliefs as prayed for<br /> in the complaint?<br /> (3) Reliefs and Costs?<br /> <br /> 7. The evidence in this case consists of the oral evidence of the complainant who has been examined as PW1 and the documents produced by him were marked as Exts.A1 to A4 on the basis of the proof affidavit filed by him. The opposite parties have no oral evidence. But two documents produced by them were marked as Exts.B1 and B2 with the permission of the complainant. After closure of evidence, both sides heard.<br /> <br /> 8. Point No.1: From the facts and circumstances of the case, the complainant is a consumer of the opposite parties and the dispute between the parties is a consumer dispute. Therefore, this complaint is maintainable before this Forum.<br /> <br /> 9. Point Nos. 2 & 3: In order to prove the complainant’s case, the complainant has filed a proof affidavit in the tune of the complaint along with 4 documents. The complainant was examined as PW1 and the documents produced by him were marked as Exts.A1 to A4 on the basis of the proof affidavit and the complainant was not cross examined by the learned counsel for the opposite parties. The complainant’s specific case is that he had purchased a digital box for Rs.3,990/- believing that he will get all malayalam free to air channels including other free to air channels and a few pay channels without any payment in future. According to the complainant, this was the promise given by the opposite parties at the time of purchase of the digital box. But after one year, he was compelled to pay money for getting the channels promised by the opposite parties. But even after payment, he was not getting Asianet Plus and Amrita T.V., the above said acts of the opposite parties is a deficiency of service for which the opposite parties are liable to pay back the amount of Rs.3,990/- given by the complainant at the time of purchase with interest. <br /> <br /> 10. In order to prove the contentions of the complainant’s case, he also produced 4 documents, which are marked as Exts.A1 to A5. Ext.A1 is the photocopy of the subscription application form signed by the complainant. Ext.A2 is Refundable Security Deposit Receipt for an amount of Rs.2,490/- dated 20.9.2005 issued by the opposite parties. Ext.A3 is the notice issued by the complainant to the opposite parties. Ext.A3(a) and A3(b) are the postal receipts of Ext.A3 registered notice and Ext.A4 is the acknowledgment card signed by the second opposite party for receiving Ext.A3 registered notice.<br /> <br /> 11. In this case, the opposite parties have not cross-examined the complainant, but they have filed their versions and 2 documents were marked in their favour as Exts.B1 and B2. Ext.B1 is the Power of Attorney in favour of one Prasanthkumar for conducting the case for and on behalf of the first opposite party and Ext.B2 is the terms and conditions for availing dish T.V. services. The opposite parties’ contention is that they have sold the equipment to the complainant as per the terms and conditions of Ext.B2. As per Ext.B2, there is no promise for providing channels to the complainant forever without any payment. As per the terms and conditions, a purchaser can opt any package at the time of the purchase and the purchaser is entitled to get the channels in that package free of cost for one year. After one year, the purchaser has to pay the prescribed charges for getting channels by opting any of the packages available with the opposite parties. At the time of purchase of the equipment, the complainant herein opted Dish Welcome Tamil/Malayalam package. In this package, Amrita T.V. and Asianet Plus are available. After the expiry of one year during the renewal, the complainant opted a lower package, i.e. Dish Freedom Tamil/Malayalam. The said package did not have Amrita and Asianet Plus channels. This is the reason for not getting Amrita T.V. and Asianet Plus to the complainant subsequent to the renewal of his subscription. The terms and conditions were also accepted by the complainant and the opposite parties acted in accordance with the terms and conditions of this scheme. So the opposite parties contended that the complainant is not entitled to get any of the reliefs sought for in the complaint and there is no deficiency of service from their part.<br /> <br /> 12. On a perusal of materials on record, there is no evidence for payment of Rs.3,990/- by the complainant. Also there is no evidence to show that the opposite parties made any promises as claimed by the complainant. However, Ext.A2 shows that an amount of Rs.2,490/- was paid by the complainant as refundable security deposit. Ext.A1 is the subscription application form signed by the complainant shows that the complainant had accepted Ext.B2 terms and conditions of this scheme. Since the complainant has acknowledged and accepted the terms and conditions of Ext.B2 by signing Ext.A1, he has no right to say that the opposite parties have cheated him or there is any deficiency of service from their part. Therefore, the complainant is not entitled to get any reliefs prayed for in the complaint. But he is entitled to get the security deposit as per Ext.A2 receipt.<br /> <br /> 13. In the result, this C.C. is dismissed. No costs. However, the opposite parties are directed to refund the security deposit amount of Rs.2,490/- (Rupees Two thousand four hundred and ninety only) as per Ext.A2 receipt to the complainant as per the usual terms of this scheme within one month from the date of receipt of this order.<br /> <br /> Pronounced in the Open Forum on this the 10th day of September, 2008.<br /> (Sd/-)<br /> Jacob Stephen,<br /> (President)<br /> Smt. C. Lathika Bhai (Member) : (Sd/-)<br /> Sri. N. Premkumar (Member) : (Sd/-)<br /> Appendix:<br /> Witness examined on the side of the complainant:<br /> PW : K.S. Vijayakumar.<br /> <br /> <br /> <br /> Exhibits marked on the side of the complainant:<br /> A1 : Photocopy of the Subscription Application Form.<br /> A2 : Photocopy of the receipt for Rs. 2,490/- dated 20.09.2005 towards refundable <br /> security deposit.<br /> A3 : Photocopy of the registered notice issued by the complainant to the opposite <br /> parties.<br /> A3(a) : Postal Receipt.<br /> A3(b) : Postal receipt.<br /> A4 : Acknowledgment card.<br /> Witness examined on the side of the opposite parties : Nil.<br /> Exhibits marked on the side of the opposite parties:<br /> B1 : Special Power of Attorney.<br /> B2 : Terms and conditions for availing Dish T.V. services.<br /> <br /> (By Order)<br /> <br /> Senior Superintendent.<br />