IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Thursday the 28h day of October, 2021
Filed on 14.03.2019
Present
1. Sri.S.Santhosh Kumar.BSc. LLB(President)
2. Smt. C.K.Lekhamma. BA,LLB(Member)
In
CC/No.692019
Between
Complainant:- Opposite parties:-
Sri. A.Navas 1. Sri. Siyad
Karamoodu Purayidam Seven Star Information
Zachariah Ward Technology Pvt. ltd
Alappuzha West Village Kallupalam South,
Ambalappuzha Taluk Alappuzha
(Party in person) (Exparte)
2. Smt. Ajitha
Seven Star Information
Technology Pvt. Ltd
Customer Wing
Kallupalam South, Alappuzha
(Exparte)
3. Sri. Savad,
Seven Star Information
Technology Pvt. Ltd
Collection Agent, Fathima Manzil Zachariah Ward, Alappuzha
(Party in person)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
Brief facts of the complainant’s case are as follows:-
The complainant had taken double cable TV connection from the 1st opposite party’s cable TV centre under the subscription No. MM. 586 and the 1st opposite party provided two set top boxes. The complainant deposited Rs. 1800/- for each connection ie, total amount comes at Rs.3,600/- and paid advance amount of Rs.750/- for each connection along with surcharge Rs.200/- for each connection. The 1st opposite party is collecting the subscription charges of Rs. 350/- per month. The complainant paid monthly subscription for February but in the middle of February the cable connection has been disconnected without any reason and the same is not reconnected till now. The said acts of 1st opposite party amounts to deficiency of service which caused mental agony to the complainant. Hence the complainant approached this commission for redressal of his grievances.
2. Version of 3rd opposite party is as follows:-
3rd opposite party contented that he is the collection agent of the cable TV centre owned by the 1st opposite party. His duty is only to collect the subscription amount from the customers and issued receipt on behalf of 1st opposite party’s centre and remit said amount to the above centre. As a collection agent he knows that the complainant is promptly remitting the monthly subscription. Therefore it is the duty of the 1st opposite party to provide uninterrupted connection to the complainant. So the 3rd opposite party has no liability to provide any service to the complainant moreover, being an employee of the 1st opposite party, 3rd opposite party has no knowledge about the deposit made by the complainant and reason for disconnection of the cable connection. Now he had been terminated from the service by 1st opposite party.
3. The points for determination are:-
1. Whether the complainant is entitled to get further service from the 1st opposite party?
2. Whether there is any deficiency of service committed by 1st opposite party?
3. Whether complainant is entitled to get compensation?
4. Reliefs and cost if any?
4. The complainant appeared in person. He filed proof affidavit and adduced evidence as PW1 and Ext.A1 was marked from his side. 3rd opposite party appeared in person and filed version other opposite parties 1st and 2nd remained exparte.. We have heard the complaint and 3rd opposite party.
5. Ext.A1 receipt dated 1/1/2019 is the evidence of transaction between the complainant and the 1st opposite party. In which mentioned MM 586 as subscriber number and both connections have been taken Dember 2018 onwards. It seems that the 1st opposite party has no contrary evidence against the complainant. He has given ample opportunity to substantiate his part but he reluctant to appear before the Commission after the receipt of notice. In the absence of contrary evidence before us, we are constrained to believe the complainant. It is to be noted that opposite parties No.2 and 3 are the employees of the 1st opposite party. There is no reliefs sought against them in the complaint. The 1st opposite party being the owner of the cable service centre he is the person committed deficiency of service by disconnecting the cable service without any proper reason. The said acts of 1st opposite party caused mental agony to the complainant, which attribute deficiency of service. Thereby 1st opposite party is liable to pay compensation of Rs.2000/- to the complainant. The complainant is also entitled to get re-connection of the cable TV service owned by the 1st opposite party. We think that the above order is sufficient to satisfy the grievance of the complainant, hence we are not ordering any cost.
To sum up, we allow the complaint in part and direct as follows:-
1) The 1st opposite party shall forthwith provide hassle free and clear cable TV service to both connection of the complainant under subscription No MM 586.
2). The 1st opposite party is liable to pay Rs.2000/- (Rupees Two thousand only) as compensation to the complainant, failing which the above amount shall carry interest @ 9% p.a from the day fixed for compliance of order till realization.
The above order shall be complied 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 Commission on this the 28th day of October, 2021.
Sd/-Smt. C.K.Lekhamma(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
PW1 - Navas.A (complainant)
Ext.A1 - Receipt Dtd.1/1/2019
Evidence of the opposite parties:- NIL
//True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
