DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.589 of 2018
Date of institution: 04.06.2018
Date of decision : 23.04.2019
Parveen Kumar, resident of House No.669, Phase-1, Mohali, Punjab-160055.
…….Complainant
Versus
Independent TV Limited, H-67, H Block, Sector 63, Noida, Uttar Pradesh 201301, through General Manager/Authorised signatory.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member
Present: Shri Manoj Rohilla, counsel for the complainant.
OP Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant after going through advertisements published by the OP in newspapers and flashed through website, booked one DTH connection by paying Rs.499/- as pre booking amount. As per the scheme, Rs.1,999/- payable for this DTH connection was refundable. Besides pre booking amount of Rs.499/-, Rs.1,500/- were payable at the time of installation. Rs.250/- were more payable as installation charges. As per assurance through advertisements, installation of the connection to take place within 30 to 45 days of booking. However, despite payment of booking amount of Rs.499/- on 09.03.2018, this connection not installed within the stipulated period of 30 to 45 days and as such complainant contacted OP through helpline as well as through telephone for getting information that complainant should wait for few days more because maximum period for installation is of 45 days. Even after expiry of 45 days period, response from OP was not received and that is why complainant again contacted OP through helpline number many times. Emails even were sent to OP for requesting to install the connection, but to no effect. OP Reliance Digital TV changed its name to Independent TV Limited and that is why Independent TV Limited arrayed as OP. Non installation of connection for long time caused mental agony and harassment to complainant. That also amounts to deficiency in service on part of OP and that is why this complaint for seeking refund of paid amount of Rs.499/- with interest alongwith compensation for mental agony and harassment of Rs.70,000/- and litigation expenses of Rs.10,000/-.
2. OP is ex-parte in this case.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-6 and thereafter his counsel closed evidence.
4. Written arguments submitted by counsel for complainant. Oral arguments also heard and record gone through.
5. After going through advertisement Ex.C-1, it is made out that pre booking charges of Rs.499/- payable for installation of DTH connection, but on payment of Rs.1,999/-. Maximum duration for installation given as 30 to 45 days in this clipping of advertisement Ex.C-1 and as such certainly submission advanced by counsel for complainant has force that after deposit of pre booking charges of Rs.499/-, OP was required to install DTH connection within 30 to 45 days of payment of such pre booking charges. These pre booking charges of Rs.499/- alleged to be paid on 09.03.2018 as per contents of complaint and submitted affidavit Ex.CW-1/1, and as such connection should have been installed by 24.04.2018. However, installation of this connection took place on 22.12.2018 is a fact borne from contents of copy of SMS Ex.C-6. So certainly there is delay on part of OP of more than 7 months in installing the connection. Even through SMS Ex.C-2 intimation was given to complainant that RBIG TV connection will be installed within 30 to 45 days, but when same not installed then complainant forwarded complaint through emails Ex.C-3 dated 26.05.2018 as well as 27.05.2018 (Ex.C-4). As the assured services of installation of connection not provided within the promised period of 30 to 45 days on payment of pre booking charges and as such certainly there is deficiency in service on part of OP, which caused mental agony and harassment to the complainant. This complaint was filed on 04.06.2018 i.e. six months and 17 days before activation of connection in question regarding which intimation through Ex.C-6 dated 22.12.2018 was sent and as such complainant stood dragged in this litigation due to deficient services provided by OP. So complainant entitled to litigation expenses also.
6. After going through Ex.C-5, it is made out that name of Reliance Big TV changed to Independent TV in 2018 and as such impleadment of Independent TV as OP is appropriate because the same has stepped into the shoes of Reliance Big TV.
7. Counsel for complainant vehemently contends that Rs.1,999/- in all are refundable in view of contents of Ex.C-1, but that submission has no force because promised refund is of loyalty bonus. What are the terms and conditions of refund of loyalty bonus, qua that no document produced on record and as such complainant unable to establish that he is entitled for refund of pre booking charges of Rs.499/-. In view of this, complainant entitled to compensation for mental agony and harassment and to litigation expenses, but within reasonable period.
8. No other point argued.
9. As a sequel of above discussion, complaint allowed ex-parte in terms that OP will pay compensation for mental agony and harassment of Rs.4,000/- (Rs. Four Thousand only) and litigation cost of Rs.3,000/- (Rs. Three Thousand only) to complainant within 30 days from the date of receipt of certified copy of order, failing which the OP will be liable to pay interest @ 7% per annum on these amounts from today onwards till payment. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
April 23, 2019
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
