Delhi

North East

CC/253/2013

Shahnawaz Khan - Complainant(s)

Versus

Nodal Officer Dish T.V. India - Opp.Party(s)

08 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, NAND NAGRI, DELHI-93

Complaint Case No. 253/13

 

CORAM:        Hon’ble President Sh. N.K. Sharma

                        Hon’ble Member Sh. Nishat Ahmad Alvi

                        Hon’ble Member Ms. Manju Bala Sharma

 

In the matter of:

 

Sh. Shahnawaz Khan

S/o Late Shri Anwar Ali Khan

R/o H.No. D-44/1, GF

Main Delhi Darbar Road, Bhajanpura

Delhi-110053                                                                                      Complainant                                       

           

Versus

 

Nodal Officer

DISH T.V. India

B-10, Estel House, Lawrence Road

New Delhi-110035                                                                                 Opposite Parties

 

                                                                                      DATE OF INSTITUTION: 01-08-2013

                                                                                      DATE OF DECISION      :  08.01.2016

Order

 

 

Nishat Ahmad Alvi, Member

Ms. Manju Bala Sharma:-

 

As per complaint the complainant has subscribed, on monthly payment of Rs. 25/-, a channel namely “Star Cricket” through OP on 30.05.2013. As there was shortage of time and the complainant had no interest in the programme of the said channel i.e. Star Cricket, he requested OP, through telephonic call on 23.06.2013, to deactivate the said channel. But OP didn’t deactivate the same. Thereafter, on a number of occasions i.e. on 25.06.2013, 26.06.2013 & 29.06.13, complainant made various telephonic calls, to the OP at its Customer Care Number, to deactivate the said channel but there was no response and lastly representative of the OP informed to the complainant that as per policy of DISH TV, complainant has to continue the channel for a minimum period of three months and only thereafter request for deactivation can be made.   The said rule of OP is against the policy of Telecom Regulatory Authority of India (TRAI).  As per TRAI policy, customer has to pay the charges for the channel only for the period he uses or watches the same.  Written complaint dated 01.07.2013 through Speed Post was also sent to OP but despite service, OP neither replied nor deactivated the channel.  OP is still charging for said channel without consent/permission of complainant.  There is deficiency by not rendering services on the part of the OP.  Due to which complainant has suffered mental agony. Complainant has prayed for grant of Rs. 10,000/- as compensation  alongwith Rs. 75/- against reimbursement of the charges deducted by the OP for 3 months.  

After notice, OP by filing its reply has pleaded that the complainant has signed its subscription application form, containing terms & conditions mentioned in the DISH TV contract booklet, forming an integral part of Subscription Application Form. The services provided by OP are as per said terms and conditions.  The facts that subscriber has to use a sports A-la-Carte packs for a minimum period of 90 days and other A-la-Carte for a minimum period of 30 days were well known to all the subscribers through OP’s various Ads, leaflets as well as through its website. It was clearly communicated through various leaflets and ads as well as through website of the OP that no request for deactivation shall be entertained before the expiry of said period of 90 days.  It is wrong that the complainant was not aware of such condition. As per clause 6(2) of notification dt 21.07.2010 issued by TRAI, it shall be open to OP while offering its’ pay channel on A-Lacarte basis to specify minimum subscription period not exceeding three months for pay channel.  There is no fault of OP to offer pay channel for a minimum period of 3 months. Through various communications including e-mail dated 20.08.2013, the same fact was communicated to complainant suggesting that the channel can’t be deactivated before completion of 90 days as per the then scheme. Further complainant was advised to apply for deactivation after expiry of 90 days. Complainant, despite having full knowledge of said terms & conditions, just with an intention to earn profit from the litigation has wrongly implicated the OP.

OP has also taken preliminary objection to the effect that since registered office of OP is at Lawrance Road Industrial Area, Delhi-110035 and corporate office at NOIDA, UP, this forum has no Territorial Jurisdiction.  

Both the parties filed their respective affidavits of evidence alongwith relevant documents.

Heard the complainant and perused the record.

Complainant has filed, copy of complaint dated 1.7.2013 in the name of Nodal Officer of OP.,Email dated 8.9.2013 from the complainant to OP and OP’s reply dt 9.9.13, copy of the Bank Statement (Mark ‘A’), Copy of Subscription Application Form (Mark ‘B’), Leaflet of OP, offering different pay channel including Star Cricket, with subscription, the subject matter of present complaint (Mark ‘C’), Email dated 19.08.2013 & 20.08.2013 (Mark ‘D’ & ‘E’) sent by OP to complainant.

OP has filed leaflet depicting details of different pay channels (Annexure A1), an undated Note alleging previous web page containing terms to order A-la-carte Pack (Annx A2), Email dt 19.08.13 and  20.8.13, regarding query of complainant and its reply by OP (Annx A3).

Going through all the documents collectively, Mark ‘C’ offers Star cricket for Rs.25/-/monthly but it nowhere depicts that subscriber is bound to continue this pay channel for a minimum period of three months.  Annexure A-1 does not show any such condition for Star Cricket channel whereas in the communications/emails etc, OP has always been taking plea of minimum 90 days continuance as a condition precedent for deactivation of the said Star Cricket channel but no document for the same has either been supplied to the complainant nor placed on record.  Subscriber Application Form allegedly containing terms & conditions, also does not show any such condition for deactivation.  DISH TV contract booklet alleged to be forming integral part of Subscriber Application Form is also not placed on record by OP in support of its case.  Only document on record is an unauthenticated note alleged to be part of website.   Thus OP has failed to establish that there was any condition precedent for minimum use/watching Star Cricket of 90 days for deactivation.  OP has also failed to establish that at the time of activation the complainant was made known or was having knowledge of such precondition for deactivation.

Consequently, complainant is not bound with the said condition and is not liable to pay subscribed channel for the minimum period of 3 months and OP by not deactivating the pay channel inspite of complainant’s request for the same was negligent/deficient in service.

Thus holding OP guilty for deficiency in service we direct OP to pay to complainant the amount of Rs. 50/- charged for extra 2 months alongwith compensation for Rs. 5,000/- including litigation cost.

            This order shall be complied with by the OP within 30 days from the receipt of this order.

Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.  

File be consigned to record room.

Announced on    08/01/2016

           

( N.K. Sharma ) President

(Manju Bala Sharma) Member

(Nishat Ahmad Alvi) Member