Kerala

Thiruvananthapuram

CC/19/206

Vishnulal T - Complainant(s)

Versus

Nodel officer,Angel.Dish Infra service (P)ltd - Opp.Party(s)

20 May 2022

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

PRESENT

                               SRI.P.V.JAYARAJAN              : PRESIDENT

SMT.PREETHA.G.NAIR   : MEMBER

                               SRI.VIJU.V.R.                    : MEMBER

CC.NO.206/2019 (Filed on: 01.07.2019)

ORDER DATED : 20.05.2022

COMPLAINANT

          Vishnulal.T

          Varuvilakathu veedu puthenkaanam,

          Kattachalkuzhi.P.O

                    (Party in person)

VS

OPPOSITE PARTIES

1. Videocon-D2H,

Nodal Officer- Safajmon,

Angel. Dish Infra Service Pvt Ltd,

61-2016 A-61/2017-A

Kurushupally Road, Opp. Cochin shipyard,

Ravipuram, Cochin – 682015

 

2. Firoz khan,

Co-ordinator, Kerala @d2H desk.com,

Aaeesha Enterprises, TC.67/1485. G.V.Raja Road,

Vellar Kovalam, Thiruvananthapuram - 695527

                    (Exparte)

ORDER

SRI. VIJU  V.R.,  MEMBER:

The complainant has presented this complaint before this Commission under section 12 of the Consumer Protection Act 1986, alleging that he had availed the service of first opposite party (Videocon-D2H) in the year 2018 for one year by spending Rs 3000/-. The 2^nd opposite party is the agent of first opposite party. But within six months itself half of the channels were stopped by first opposite party. On 29/6/2019 first opposite party has completely stopped their service. The complainant contacted the customer care centre, but there was no response from the side of customer care centre. The act of opposite parties 1 & 2 amounts to deficiency in service, hence this complaint.

2.       Eventhough the opposite parties 1 &2 received notice, the opposite parties 1&2 did not appear before this commission on 6/8/19 and hence they were set exparte. Subsequently on 19/9/19 second opposite party filed version. Since the version was filed after the exparte order we are not in a position to take the contentions raised in the version.

Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite parties 1 &2?
2. Whether the complainant is entitled to get the reliefs?

 

Issues (i) and (ii)

3.       The complainant had filed affidavit in-lieu of chief examination. No documents were produced by the complainant. The opposite parties 1 &2 did not turn up. So it can be assumed that the grievance of the complainant was not resolved by opposite parties 1 &2.  Hence the deposition of the complainant stands unshaken and there is nothing to discard the deposition of the complainant.  The 2^nd opposite party being the agent of first opposite party is bound to give proper service to the complainant. But they haven’t done that. Hence we find that the complainant has succeeded in proving his case & there is deficiency in service from the side of 2^nd opposite party. Since 2^nd  opposite party being the agent of first opposite party, first opposite party is also vicariously liable for the act done by second opposite party. Hence the opposite parties 1 and 2 are jointly and severally liable to compensate the complainant.

                       In the result, the complaint is partly allowed. The opposite parties 1 and 2 are directed to pay jointly and severally an amount of Rs 3000/-(Rupees three thousand only) and pay Rs 5000/- (Rupees five thousand only) as compensation for the mental agony suffered by the complainant and pay Rs.2500/-(Rupees Two Thousand Five Hundred) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of order till realisation.

                  A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

                Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 20^th day of May 2022.

                                                                              Sd/-

P.V.JAYARAJAN         : PRESIDENT

 

                                                                                          Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                              Sd/-

VIJU.V.R   : MEMBER

 

Be/

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

 REDRESSAL COMMISSION

VAZHUTHACAUD

 THIRUVANANTHAPURAM

 

CC.NO.206/2019

ORDER DATED : 20.05.2022