IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 6^th  day of May, 2011.

Present : Sri. Jacob Stephen (President).

Smt. C. Lathika Bhai (Member)

N. Premkumar (Member)

C.C. No. 177/10 (Filed on 10.12.2010)

Between:

S. Soman,

Kizhakkekuzhiyil,

Keerukushy P.O.,

Pathanamthitta – 689 502.                                          ....   Complainant.

And:

1.     Proprietor,

DIGITAL Electronics,

Keerukuzhi Junction,

Mobile Phone & DTH Sales-

Service, Keerukushi P.O.,

Pin – 689 502.

2.     SUN DIRECT DTC Service,

Regd. Office, 367/369,

3^rd floor, Anna Salai,

Teynampet, Chennai – 600 018.                        ....   Opposite parties.

ORDER

Sri. Jacob Stephen (President):

                   The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                   2. The complainant’s case is that he had purchased a SUN DIRECT DTH T.V. connection of the second opposite party from the first opposite party for ` 1,700.  The said connection was activated on 10.08.2009.  The complainant opted freedom pack malayalam package and the understanding was that all channels in the said package will be provided to the complainant.  Accordingly, the complainant received all channels in the package.  The monthly subscription for the said package is ` 110 and he had paid the said subscription regularly.  But after about 1 year, he did not receive the channels as offered by the opposite parties.  Thereafter, the complainant contacted the opposite parties through telephone several time and asked them to restore the channels.  But they have not restored the channels so far.  Hence this complaint for an order for directing the opposite parties to restore the channels or to return the amount paid by the complainant at the time of purchase of the connection along with compensation of `  10,000 and cost of  ` 2,000.

                   3. The first opposite party filed his version with the following main contentions:  The responsibility for not providing the channels is with the first opposite party and their distributor Friends Communication.  The address of the second opposite party given by the complainant is not correct and hence they have not received any complaints from the complainant.  The first opposite party also furnished the correct address of the second opposite party and the address of the first opposite party’s distributor.  In the circumstances, the first opposite party prays for exonerating him from the liabilities and requested to include the above said addressees in the party array and dispose of the matter.

                   4. The second opposite party is exparte. 

                   5. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?

                   6. The evidence consists of the oral depositions of PW1 and DW1 and Exts.A1 to A3 and B1 to B4.  After closure of evidence, both sides were heard.

                   7. The Point: The complainant’s allegation is that he had purchased a Dish T.V. of the second opposite party from the first opposite party for ` 1,700.  At the time of the purchase, the opposite parties offered certain channels including Malayalam channels in their freedom pack malayalam package.  But after one year, 25 channels in the said package were lost from his connection.  The complainant contacted the opposite parties for restoring the lost channels.  But they have not restored the said channels as requested by the complainant.  The above said act of the opposite parties is deficiency of service which caused mental agony and financial loss to the complainant and the complainant is entitled to get ` 13,700 from the opposite parties under various heads including compensation and cost etc.

                   8. In order to prove the complainant’s case, the complainant adduced oral evidence as PW1 and the documents produced by the complainant were marked as Exts.A1 to A3.  Ext.A1 is the subscriber agreement executed by the complainant at the time of purchase of the DTH.  Ext.A2 is the Delivery Chalan issued from Friends Communications, Pandalam in the name of the complainant.  Ext.A3 is the list of channels included in freedom pack malayalam package published by the second opposite party.  Exts.A2 and A3 are marked through DW1. 

                   9. The first opposite party’s contention is that as per the terms and conditions of the subscriber agreement executed by the complainant, the second opposite party has the right for modifications and can remove the channels.  Accordingly, the second opposite party changed the channels after one year.  The complainant had taken freedom pack malayalam package and the said package was valid only for six months.  Since the second opposite party had the right to change the channels and accordingly they have changed the channels.  Therefore, the complainant is not entitled to get any of the reliefs prayed for in the complaint as the complainant had already accepted the terms and conditions of the second opposite party even at the time of the purchase itself.