Kerala

Wayanad

CC/09/154

Rakesh KK, Devi Krishna, Vimala Nagar, Mananthavady. - Complainant(s)

Versus

Proprietor, Peak System Cable Net Work, Mananathavady. - Opp.Party(s)

K V Prachod

22 Jan 2010

ORDER


CDRF WayanadCivil Station,Kalpetta North
CONSUMER CASE NO. 09 of 154
1. Rakesh KK, Devi Krishna, Vimala Nagar, Mananthavady.Kerala ...........Appellant(s)

Vs.
1. Proprietor, Peak System Cable Net Work, Mananathavady.Kerala2. Managing Director , Malanad Communications RA ltd, Muttil.WayanadWayanadKerala ...........Respondent(s)


For the Appellant :
For the Respondent :

Dated : 22 Jan 2010
ORDER

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By. Sri. K. Gheevarghese, President :-


 


 

The Complainant represented the 1st and 2nd Opposite Parties filed versions. The counsel appearing for the Complainant submitted that the dispute is settled and the complaint is not pressed. The 2nd Opposite Party submitted compensatory cost if the complaint is disposed of on not pressing the complaint.


 

The complaint filed is for compensation and not to disconnect the signals supplied to the Complainant. The 1st and 2nd Opposite Parties filed version. It is admitted by the 1st Opposite Party that the 1st Opposite Party is not alone directly connected in the supply of signals to the T.V channels. The 2nd Opposite Party is the supplier of the signals. The role of the 1st Opposite Party is to receive the subscription charges from the customers. Whereas in the non payment of the prescribed charge to avail the signal from pay channels, the 2nd Opposite Party in some occasions has shown irregularity and the signals were not supplied by the pay channels. The sum up of the version filed by the 2nd Opposite Party is that the complaint filed is in collusion with the 1st Opposite Party and more over the Complainant is not a consumer of the 2nd Opposite Party. The signals supplied to the 1st Opposite Party is not disconnected hence the complaint is to be dismissed.


 

The 2nd Opposite Party has no case that the signals from the different channels are not supplied by them to the 1st Opposite Party. The signals necessary for the Complainant's T.V is directly given by the 1st Opposite Party and the portion of the subscription charge collected by the 1st Opposite Party is also given to the 2nd Opposite Party. In short the submission of the 2nd Opposite Party that they are to be compensated with cost is not sustainable. The 2nd Opposite Party has a role in supply of signals. The contention of the 2nd Opposite Party that the complaint is filed in collusion with the 1st Opposite Party cannot be considered in the absence of any evidence. The submission of the 2nd Opposite Party for compensation is rejected. Since the Complainant is not willing to proceed with the complaint. The complaint is disposed of.


 

Pronounced in open Forum on this the day of 22nd January 2010.


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