Proprietor, Surya cable TV Network, Chundamuke , Mananthavady. V/S Joby John, Chengali kavil Veedu, Ellumannam Po, Mananthavady. - Consumer Court Case

Kerala

Wayanad

CC/09/155

Joby John, Chengali kavil Veedu, Ellumannam Po, Mananthavady. - Complainant(s)

Versus

Proprietor, Surya cable TV Network, Chundamuke , Mananthavady. - Opp.Party(s)

Adv. Prachod

22 Jan 2010

ORDER


CDRF WayanadCivil Station,Kalpetta North
CONSUMER CASE NO. 09 of 155

1. Joby John, Chengali kavil Veedu, Ellumannam Po, Mananthavady.Kerala						...........Appellant(s)
Vs.
1. Proprietor, Surya cable TV Network, Chundamuke , Mananthavady.Kerala2. Managing Director, Malanad Communications Pvt Ltd, Muttil.Wayanad.WayanadKerala						...........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 1^st and 2^nd Opposite Parties filed versions. The counsel appearing for Complainant has submitted that the dispute is settled and the complaint is not pressed. The 2^nd Opposite Party submitted compensatory cost if the complaint is disposed of on not pressing the complaint.

2. The complaint filed is for compensation and not to disconnect the signals supplied to the Complainant. The 1^st and 2^nd Opposite Parties filed version. It is admitted by the 1^st Opposite Party that the 1^st Opposite Party is not alone directly connected in the supply of signals to the T.V channels. The 2^nd Opposite Party is the supplier of the signals. The role of the 1^st 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 2^nd 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 2^nd Opposite Party is that the complaint filed is in collusion with the 1^st Opposite Party and more over the Complainant is not a consumer of the 2^nd Opposite Party. The signals supplied to the 1^st Opposite Party is not disconnected hence the complaint is to be dismissed.

The 2^nd Opposite Party has no case that the signals from the different channels are not supplied by them to the 1^st Opposite Party and the signals necessary for the Complainant's T.V is directly given by the 1^st Opposite Party. The portion of the subscription charge collected by the 1^st Opposite Party is also given to the 2^nd Opposite Party. In short the submission of the 2^nd Opposite Party that they are to be compensated with cost is not sustainable. The 2^nd Opposite Party has a role in supply of signals. The contention of the 2^nd Opposite Party that the complaint is filed in collusion with the 1^st Opposite Party cannot be considered in the absence of any evidence. The submission of the 2^nd 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 22^nd January 2010.


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