IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 18th day of November, 2022.
Present: Sri. Manulal V.S. President
Sri. K.M. Anto, Member
C C No. 133/2019 (Filed on 09-08-2019)
Petitioner : Arunkumar G.
Sreevihar House,
Manarcad village,
Kottayam
Vs.
Opposite party : (1) Sri. Safat Mon.
Nodal Officer,
Videocon d2h Ltd.
39/6481, C, 1st floor,
South Point Building,
Ravipuram, Ernakulam
Cochin – 682015
(2) Angel,
Dish Infra Service Pvt. ltd.
61/2016 A, Kurishupally Road,
Opp. Cochin Shipyard,
Ravipuram, Cochin – 682015
(3) Dish TV India Ltd.
Corproate office, FC – 19,
Sector 16 A, Film City,
Noida, Uttarpradesh
Pin – 201 301
(Adv. Saji Varghese)
(4) Sri. Jaimon,
J&V Enterprises,
Near Manarcadu Junction,
Manarcad P.O.
Kottayam – 686019
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under section 12 of the consumer protection Act 1986
The brief of the complaint’s case is as follows. The complainant is a consumer of the Videocon D2H with Consumer Number 161994696.The complainant was not getting the channels on 10 july2019 and a complaint was registered at 6.12 Pm with the customer care of D2H.
On 11.07.19 the channels were received without the assistance of the service engineer. The matter was intimated to the customer care by 9.17 PM and was requested to close the complaint but they replied that the complaint is already
closed.
A message was received in the mobile phone by 4.51 pm on 19 july2019 that an amount of Rs.200 is levied as service charge and then the account became
disconnected.
A complaint was filed against levying the service charge even without visiting the house at 4.51 pm and again at 10.58 pm on 19.07.2019.
As the complaint was not disposed in time, subsequent complaints were filed on 20.07.19, 26.07.19, 26.07.19 ,27.07.19, 29.07.19. On contacting the supervisor, it was told that the matter was brought to the notice of higher-ups and will be sorted out. The service charge was not returned and the D2H connection was not enabled. This act of the opposite party is deficiency in their service.
The complaint is filed for getting the refund of the service charge and to get the D2H service connection and to get damages worth Rs.10, 000 for the mental agony and sufferings caused by the opposite parties along with cost Rs.3000/- for this litigation.
On admission of the complaint copy of the complaint was duly served to the opposite parties. Opposite parties 1, 2 and 4 failed to file their version or to
appear before the commission to defend their case. Opposite parties 1,2and 4
were set exparte. The third opposite party appeared and filed their version.
The version of the third opposite party is that they had extended all the facilities to the complainant and connection got disrupted due to the fault of the
complainant. The third opposite party had contacted the complainant and offered
a waiver of Rs.200/- in the account. However, the complainant rejected the offer
and demanded Rs.10, 000/-.There is no deficiency in service on the part of third
opposite party and the complaint is liable to be dismissed.
The complainant filed proof affidavit and marked documents Exhibit A1 and A2.
On the basis of the complaint, version of the third opposite party and evidence adduced we would like to consider the following points.
1. Whether there is deficiency in service on the part of the opposite parties
2. If so, what are the reliefs and costs.
For the sake of convenience we would like to consider points No.1 and 2 together
Points 1 and 2
Ongoing through the complaint, proof affidavit of the complainant and evidence on record it is clear that the complainant was having a D2H connection with consumer No 161994696.The complainant was not getting channels through the D2H connection on 10.07.2019 and registered a complaint with the customer care of the third opposite party. The TV channels were resumed on 11.07.2019.
Complainant received a message as given in Ext A1 that a service charge of
Rs.200/- has been charged from the account of the complainant with Customer
id.161994696.
The complainant registered complaints against the service fee levied by the 3rd opposite party as per Ext A1. Then the third opposite party intimated the complainant through messages that the account is disconnected due to insufficient balance in the account.
Ext A2 is a receipt issued by Green channel communication, Manarcad, Kottayam dated 1.12.2019 stating that OFC FTTH connection was installed in the residence of complainant for Rs.3000/-.
` This clearly shows that the complainant was denied the TV programs from
19.07.2019 to 1.12.2019 due to the act of the opposite parties.
The act of the third opposite party in deducting Rs.200/- from the account of the complainant as service charge and thereby making the account to be insufficient in balance.
From the above discussed evidence, it is clear that the third opposite party had charged Rs.200/- as service charge from the account of the complainant. The opposite party had not produced any evidence to show that the complainant was intimated that a Rs.200/- will be levied as service charge of the D2H connection.
This act of the Third opposite party in deducting Rs.200/- from the customer account of the complainant and thereby making the account insufficient in balance which further caused the account to be disconnected is deficiency in their service. The points Nos 1 and 2 are found in favor of the complainant. The
complaint is allowed and we pass the following orders.
1) The third opposite party is directed to pay Rs.200/- to the complainant
2) The third opposite party is directed to pay Rs.1000/- being the compensation for the mental agony and sufferings to the complainant with cost Rs.1000/-.
The Order shall be complied within 30 days from the date of receipt of copy of this Order. If not complied as directed, the amounts will carry 6% interest from the date of Order till realization
Pronounced in the Open Commission on this the 18th day of November, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Appendix
Exhibits marked from the side of complainant
A1 series – screenshot of call details (5nos.)
A2 – Copy of letter from Green Channel communications
By Order
Assistant Registrar
