IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31st day of January, 2018
Filed on 07.02.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.39/2017
Between
Complainant:- Opposite parties:-
Mrs. Surya 1. General Manager
W/o Arunkumar Sun Direct TV.Pvt.Ltd
House No. 73 Murasolimaran Tower
Rangammal Kovil Street No.73, MRC Nagar,
Peelamedu, Coimbatore -4 Main Road, Chennai
Represented by Power of Attorney Holder Pin. 600 028
Mr. K.S. Manikuttan, S/o Sankarapanicker (Adv.Vinoy Varghese)
Kanakaveli, Perumbalam, Cherthala
(Adv. G. Harikumar)
O R D E R
SMT. JASMINE D. (MEMBER)
Complainant is a consumer of the opposite party and availed a cable connection from the opposite party from 2012 onwards. The relationship between the complainant and opposite party was cordial till 18/9/2016. But thereafter the transmission was stopped and the complainant informed the opposite party and opposite party replaced the set top box, but unfortunately it lasted only for 10 months and the complainant again made a complaint before the opposite party and they replaced the set top box but defect was not properly cured. Thereafter the complainant sent a lawyers notice on 5/10/17 demanding the opposite party to make arrangement for a new set top box. Opposite party received the notice but the grievances of the complainant has not been resolved. So the complainant availed another connection. There after the opposite party issued the reply notice on 25/11/2016. Offering a new set top box, but the complainant does not accept the same as he was enjoying another connection. According to the complainant the opposite party failed to rectify the defect on time. Complainant sustained much mental agony and inconvenience and hence filed this complaint.
2. Notice was served to the opposite party, opposite party appeared before the Forum and filed version.
3. Version of the opposite party is as follows:-
Complaint is not maintainable there is no deficiency in serve on the part of the opposite party. It is true that the complainant purchased a Digital net work system from the opposite party on the 26-10-2012, and the customer ID No. CR-8596840 and the smart card No. 42764998151. It is not true that the opposite party stopped the transmission of the digital net work. The opposite party has a very good cordial with the complainant still now, after receiving the complaint to our service center, the opposite party technician approached the customer immediately and rectified the complaint without any delay. The complainant is residing at Perumbalam, that is an island and due to bad weather condition like poor moisture and voltage variations interrupted the transmission of the set top box. It is beyond the control of the opposite party. There is no deficiency of service, dereliction of duty, on the part of the opposite party. There is absolute no deficiency in service , no dereliction of duty on the part of the opposite party, the opposite party is unnecessary dragged into litigation without any cause or reason and hence the opposite party is entitled to get the compensatory cost.
3. Complainant was examined as PW1; documents produced were marked as Ext.A1 to A5 were marked.
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs?
5. The case of the complaint is that the complaint is a consumer of the opposite party from 2012 onwards on 18/9/2016 the transmission was stopped and the defect was informed to the opposite party. Even though the opposite party replaced the set top box the defect was not properly cured. There after the complainant had sent a legal notice to the opposite party on 5/10/2016 and the same was received by the opposite party on 13/10/2016. But the opposite party failed to rectify the defect on time. So the complainant was forced to avail another connection. Since the opposite party failed to redress the grievances of the complainant on time the complainant sustained much mental agony and hence filed this complaint.
Complainant produced 5 documents which were marked as Ext.A1 to Ext.A5. Ext.A1 is the Power of attorney. Ext.A2 is the reply notice dated 25/11/2016. Ext.A3 is the acknowledgement card. Ext.A4 is the postal receipt. Ext.A5 is the legal notice issued by the opposite party. According to the complainant he availed the connection from the opposite party from 2012 and was enjoying the same till 18/9/2016. But on 18/9/2016 the set top box became defective and the complainant could not watch the program. Even though opposite party repaired the set top box on many occasions the defect persisted. On 5/10/16 complainant issued a legal notice to the opposite party demanding to issue a new set top box and to pay Rs. 10,000/- towards compensation within 7 days. From Ext.A3 it can be seen that opposite party received legal notice on 18/10/2016. But opposite party failed to rectify the defect. On 25/11/2016, opposite party issued reply notice stating that they are willing to provide new set top box to the complainant. But by that time the complainant availed another connection and she doesn’t need the connection of the opposite party. From the documents it can be seen that opposite party failed to rectify the defect on time even after getting intimation so they have committed deficiency in service and it’s liable to compensate the complainant for the mental agony and inconvenience caused to her.
In the result the complaint is allowed. The opposite party is directed to pay an amount of Rs. 3000/-(Rupees Three thousand only) towards compensation and no order as to cost.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 31st day of January, 2018.
Sd/-Smt. Jasmine.D. (Member) : .
Sd/-Smt. Elizabeth George (President):
Sd/-Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - K.S Manikuttan(Witness)
Ext.A1 - power of Attorney
Ext.A2 - Reply notice
Ext.A3 - Acknowledgement card
Ext.A4. - Postal receipt
Ext.A5 - Legal notice
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- br/-
Compared by:-/-
