Judgment : Dt.2.11.2017

Shri S. K. Verma, President.

            This is a complaint made by one Debajyoti Banerjee, s/o Late Debidas Banerjee, 1/9, Ajoynagar, Santoshpur, PS- Purba Jadavpur, Kolkata-700 075 against Tarak Saha, owner of cable darshan, 24, Ajoynagar, First Road, Santoshpur, PS- Purba Jadavpur, Kolkata-700 075,  praying for a sum of Rs.4,00,000/- as compensation for mental agony and depression and Rs.1,00,000/- as litigation cost.

            Facts in brief are that Complainant is a consumer of OP having three cable T.V connections in his two houses one at 49A, Vivekananda Park, P.S.-Purba Jadavpur, where Complainant has paid Rs.3,600/-. In the month of September, 2016, Complainant learnt that the ownership of local distribution of cable T.V. has been changed and OP has become the new owner. The problem started after the transfer of ownership of the distribution system. During the last one year Complainant never watched T.V. channels. Most of the T.V. channels hanged. Further, Complainant has stated that Complainant could not see BBC T.V. channels. Since the grievance of Complainant could not be settled, Complainant filed this case for compensation and litigation cost.

            OP filed written version wherein OP has admitted that the Complainant is his consumer and customer. OP has further stated that he has removed all the deficiencies which used to take place during the regime of the previous owner. So, he has prayed for dismissal of this case on the basis of the written version. He has expressed his sorry for Complainant’s grievances.

Decision with reasons

            Complainant filed a petition praying for treating the complaint petition as affidavit-in-chief to which OP filed questionnaire to which Complainant filed affidavit-in-repy. OP filed affidavit-in-reply. OP filed a petition for treating written version as affidavit-in-chief to which Complainant filed questionnaire and OP filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            Complainant has prayed for a sum of Rs.4,00,000/- as compensation and Rs.1,00,000/- as litigation cost.

       In this regard, Complainant through his complaint has stated his grievances to which OP has filed questionnaire to which Complainant has replied. Complainant in his affidavit-in-reply has stated that BBC Channel is already working. He has also stated that OP has stated that he is ready to replace the set top box. OP also expressed his apology towards the sufferings of Complainant. Similarly, OP has in his answer to the questionnaire has stated that he expressed his apology. So, the picture emerges suggest that there was a little deficiency in service due to change of ownership. But, for that, the question of award of compensation of Rs.4,00,000/- and litigation cost of Rs.1,00,000/- do not arise.

             We are of the view that if OP pays Rs.2,000/- as compensation, Rs.1,000/- as litigation cost, the object of justice would be served.

Hence,

ordered

             CC/294/2017 and the same is allowed in part in contest. OP is directed to pay Rs.2,000/- as compensation, Rs.1,000/- as litigation cost within two months of this order, in default the amount shall carry interest @ 10% p.a. till realization.