CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.522/2013
MR. ASHISH MITTAL
R/O S 439 UG-1, SCHOOL BLOCK,
NEAR SHAKARPUR, NEW DELHI-110092
…………. COMPLAINANT
VS.
- NODAL OFFICER/MR. ALOK ANAND
BHARAT BUSINESS CHANNEL LTD.,
C-152, 1ST FLOOR, OKHLA INDUSTRIAL AREA,
PHASE-I, NEW DELHI-110020
- THE MANAGING DIRECTOR,
BHARAT BUSINESS CHANNEL LTD.,
C-152, 1ST FLOOR, OKHLA INDUSTRIAL AREA,
PHASE-I, NEW DELHI-110020
…………..RESPONDENTS
Date of Order:13.07.2017
O R D E R
A.S. Yadav – President
The case of the complainant is that he applied for Videocon d2h Connection in HD Pack and paid Rs.3,279/- on 14.08.13. On 16.08.2013, an executive of OP company came and installed the digital Set Top Box and antenna at the premises of complainant.
It is further stated that from the very first day, the set top box was not working. The Executive who came from the OP company said that he will change the set top box the day after i.e. 17.08.13 but no one came to change the set top box. The warranty for the above connection and set top box is for one year.
It is further stated that on 17.08.13, complainant made a complaint to Customer Care of OP-1 and OP-1 replied through SMS that it will get in touch with him in next two hours but still no one came from OP company. Complainant further made various complaints at Customer Care of OP-1 dated 20.08.13, 21.08.13, 23.08.13, 24.08.13 and 30.08.13. Every time OP-1 replied through SMS and assured that the complaint has been registered and will get resolved within 24 hours. On 04.09.13, complainant called to Nodal Officer(OP-1) who replied that Executive of OP company will change the set top box but nothing was done.
It is stated that the officials of OP deliberately installed the old setup box at the premises of complainant which was not working. Complainant sent legal notice dated 13.09.13 to OPs but OPs neither removed the defect nor replied the same. Complainant has sought refund of Rs.3,279/- paid to OP for installing the Videocon d2h connection and also sought compensation and litigation expenses.
Nobody appeared on behalf of OPs despite service. OPs were proceeded ex parte.
We have heard Ld. Counsel for complainant and carefully perused the records.
It is proved from unrebutted testimony of complainant that he applied for Videocon d2h Connection in HD Pack and paid Rs.3,279/- on 14.08.13. However, the Set Top Box never functioned. Complainant made number of complainants at Customer Care of OP and despite assurance given by OP, the said set top box was not replaced. It is a clear cut case of deficiency in service on the part of OP.
OP - Bharat Business Channel Ltd. is directed to refund the amount of Rs.3,279/- to complainant alongwith interest @ 9% p.a. from the date of payment till realization. OP is further directed to pay Rs.3,000/- towards compensation and Rs.2,000/- towards litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (RITU GARODIA) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
