Karnataka

Kolar

CC/29/2019

Sri.Mallesh.V - Complainant(s)

Versus

Sri.Vinayaka Systems & Tele Communications Sudeeksha - Opp.Party(s)

Sri.V.Srinivas

31 Jul 2019

ORDER

 

Date of Filing: 22.03.2019

Date of Order: 31.07.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 31^st DAY OF JULY 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO.29 OF 2019

Sri. Mallesh.V,

S/o. Venkataramappa (late),

Aged About 40 Years,

R/at: Chilapanahalli Village,

Holur Hobli, Kolar Taluk.                                     ….  COMPLAINANT.

(Rep. by Sri. V. Srinivas, Advocate)

 

- V/s –

Sri. Vinayaka Systems

And Tele Communications

Sudeeksha, Ground Floor,

Brahmins Street, Kolar-563 101.

(Rep. by Sri.G.K.Lokesh, Advocate)                                          …. OPPOSITE PARTY.

ORDER

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against the opposite party and prays to direct the OP to pay Rs.2,00,000/- as compensation and allow the complaint.

02.   The brief facts of the complainant case is that, he is the permanent resident of the address given in the cause-title.  The complainant availed Reliance Digital cable connection from OP on 21.04.2018.  The OP has received Rs.2,500/- on the same day and after some days the OP issued receipt bearing No.1149.  The OP operator bought set-up box and given connection on the same day i.e., the digital channels through Reliance Company.  The OP collected the ID Card, PAN card and Aadhar Card of the complainant.  The OP has issued currency card No.201508184153 on the same day.  After some days the said digital connection was connected to the TV and the same was worked for only four days and thereafter the said connection was removed.  The complainant complained to the OP, but OP has not given any response.  After three months the OP given connection and after 15 days the connection was removed and the complainant complained the same to OP and now the connection was totally removed.  The OP and reliance TV authorities have cheated the complainant and OP has to pay compensation of Rs.2,00,000/-.  The complainant approached the OP on several times to settle the matter, but all goes in vain.  The complainant issued legal notice through RPAD to the OP.  The OP in spite of service of notice does not come forward to settle the matter and the complainant has produced documents to that effect.  Hence the complainant has filed the above complaint against the OP and prays to allow the complaint.

03.   The complainant has filed following 05 documents:-

(i) Original Reliance Digital TV Card – Annexure No.1.

(ii) Original Postal Receipt – Annexure No.2.

(iii) Copy of the Legal notice dated: NIL - Annexure No.3

(iv) Postal Acknowledgment – Annexure No.4

(v) Original Cash Receipt dated: 21.04.2018 – Annexure No.5

 

04.   OP appeared through his counsel and filed version and contended that, the complaint is not maintainable either in law or on facts and the same is liable to be dismissed.  The OP has totally denied the averments made at Para-2 as false.  The OP has specifically contended that, the OP is the only dealer of the said Reliance Cable Network Connection.  The complainant has not made the Reliance Company as a party to this complaint.  The complaint is not maintainable against this OP and it is liable to be dismissed and this OP is in no way connected for the removal of Reliance TV cable network of the complainant house.  The complainant is one of the customer of the Reliance Digital channels.  On 21.04.2018 the complainant got connection with the Reliance Digital Company from the OP.  The OP is a mediator in purchasing the Reliance currency and distributing the same to needy persons as its customers.  When the complainant visited the shop of the OP at Kolar, the OP assured to return the said currency amount which was returned by the Main Reliance Company, but the complainant not taken back the said amount and not returned the currency card or set up box to the OP and even till day the complainant using the said currency and not disclosed the said fact in the complaint.  Now there is no disturbance to the Reliance Digital channels given by the Main Reliance Company and the said complaint filed by the complainant is liable to dismissed and prays for dismissal of the complaint.

05.   The complainant filed affidavit evidence by way of examination-in-chief and one B.K. Nagaraj of OP has filed affidavit evidence by way of examination-in-chief.  Heard arguments on both sides.

06.   Now the points that do arise for our consideration are that:-

1. Whether the complainant has made out deficiency of service on the part of OP?

 

2. Whether the complainant is entitled for the relief as prayed by him?

 

3. What order?

 

07.   Our findings on the above stated points are:-

POINT Nos.1 & 2:-   Are in the Negative

       

POINT No.3:-   As per the final order

for the following:-

REASONS

POINT NOs.1 & 2:-

08.   These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, version, affidavit evidence of the complainant and the OP and so also the documents produced by the complainant.  On 21.04.2018 the complainant has availed Reliance Digital TV cable connection from OP by paying a sum of Rs.2,500/- and to that effect he has produced cash receipt as per Annexure-5.  The complainant has also produced original reliance digital TV Card as Annexure-1, copy of the legal notice and postal receipt as annexure-3 & 2 and postal acknowledgement as Anneuxre-4.

09.   On perusal of the above documents it reveals that, the complainant has taken the Reliance Digital TV connection from OP by paying a sum of Rs.2,500/-.  Further the complainant has contended that, on the same day the operator has bought the said set up box and connected the digital channels of Reliance Company and the OP collected the documents from the complainant i.e., ID Card, PAN Card and Aadhar Card on the same day and the OP issued currency card No.20150818453.  The said Reliance cable was worked for only four days thereafter the said connection was removed and the complainant has made complaint to the OP, but OP has not given any response.  After three months the OP given connection and after 15 days the said connection was removed and now the connection was removed totally and the OP has cheated the complainant.  But to support the above said facts the complainant has not adduced any cogent evidence. 

10.   On the other hand the OP has specifically taken up the contention that, the OP is the only dealer of the said Reliance Digital Cable New work connection and the complainant has not made the Reliance Company as a party to this complaint and the OP is in no way connected with the complainant and so also in no way connected for removal of the cable TV net work to the complainant house.  The OP is acting as mediator and admitted that, the complainant is the customer of Reliance Digital Channels and got connection on 21.04.2018.  The OP has also contended that, the complainant has visited the shop of the OP at Kolar and he assured to return the said currency amount which was returned by the Main Reliance Company, but the complainant has not taken back the said amount and has not returned the currency card and the set up box to the OP and till this date and the complainant is using the said currency and not disclosed the said fact in his complaint and now there is no disturbance to the Reliance Digital Channels.

11.   On perusal of the above said fact it clearly goes to show that, the complainant has not taken back the amount, not returned the currency card and so also not returned the set-up box to the OP and which clearly establishes that, even to this day the complainant is using the said Reliance Digital Cable and there is no deficiency of service on the part of the OP.  Hence as discussed above the complainant has not made out case against the OP and the complainant is not entitled for any relief as prayed by him.  Further it is relevant to state here that, the complainant has also not made the Reliance Company as one of the party to the proceedings and the complaint is bad for non-joinder of necessary party.  Hence as discussed above, we answer point Nos.1 & 2 are in the negative. 

POINT No.3:-

12.   In view of our findings on Point Nos.1 & 2 and the discussion made thereon, we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is hereby dismissed.  No order as to costs.

02.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 31^st DAY OF JULY 2019)

 

 

 

   LADY MEMBER                            PRESIDENT