IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of January, 2016
Filed on 05.10.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.294/2015
between
Complainant:- Opposite Party:-
Sri. K. K. Prakasan Sri. Shaji
Kulangaraveli Nishadam (Cable Works)
Mararikkulam North P.O. (Vazhuvelichira)
Alappuzha S.L. Puram P.O., Alappuzha
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant had taken a cable connection from the opposite party. Challenging unilateral enhancement of monthly rent by the opposite party, the complainant had filed CC/No.243/13 before this Forum. While the above case is pending, the opposite party had disconnected the cable connection without issuing notice to the complainant. The case was allowed in favour of the complainant, opposite party is directed to collect the monthly rent @ Rs.130/-. In spite of the repeated requests of the complainant so far the opposite party did not give reconnection to the complainant. Hence the complaint is filed.
2. Notice issued against the opposite party was served and the opposite party appeared in person before the Forum. Along with the complaint the complainant has filed an IA No.106/15 for directing the opposite party to reinstate the cable connection and it was allowed by the Forum. When the opposite party appeared before the Forum, he admitted that he will reinstate the cable connection at the earliest. The complainant was also willing to pay the value of the Set top box to the opposite party. But on the next posting date the complainant submitted that the opposite party did not reinstate the cable connection. Opposite party did not file any version. Thereafter he did not turn up. Hence the opposite party was set ex-parte.
3. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite party?
2) If so the reliefs and costs?
4. The complainant was examined as PW1. He categorically submitted before the Forum that the disconnection of the cable connection by the opposite party caused much inconvenience and hardships to him. The allegations of the complainant have not been challenged by the opposite party. As per Section 7 (Sub Clause 4) of the Standard of Quality of Service (Broadcasting and Cable Services) (Cable Television – CAS Areas) Regulation 2006, no cable operator shall disconnect for whatever reason a subscriber without giving written notice of at least 15 days it is clearly indicating the specific reasons for disconnection. In the instant case, cable connection was disconnected without issuing notice. Unilateral disconnection without issuing notice to the complainant amounts to deficiency in service on the part of the opposite party to which they are answerable. In the light of the above findings, the complaint is allowed.
In the result, complaint is allowed. The opposite party is directed to reinstate the cable connection within 2 weeks from the date of receipt of this order. Complainant is directed to give Rs.1700/- (Rupees one thousand and seven hundred only) the value of the Set top box to the opposite party while be reinstating the cable connection. The opposite party is further directed to pay an amount of Rs.3,000/- (Rupees three thousand only) towards compensation and Rs.2,000/- (Rupees two thousand only) towards costs of the proceedings to the complainant within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 30th day of January, 2016.
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt.Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - K.K. Prakasan (Witness)
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
