By Sri.M.S.Sasidharan, Member
The complainant’s case in brief is that the complainant is a subscriber of Tata Sky systems supplied and installed by 2nd respondent. This system is manufactured by the 1st respodent. Complainant purchased the system on 30/11/06 by paying an amount of Rs.3,999/-. This amount includes activation charges and rent for 3 months. At the time of installation the respondent assured that the monthly rent payable by the complainant is only Rs.200/- and that will be reduced upto Rs.75/- per month according to the package selected by the petitioner in future. At the time of installation the 2nd respondent has collected rent for a period of 3 months which ends on 28/2/07. It is agreed that the future bills are payable by Recharge Vouchers which are available with 2nd respondent. On 24/2/07 the opposite parties disconnected the connection without giving proper notice to the complainant. Then complainant approached the 2nd respondent for recharge voucher. The 2nd respondent said that the recharge voucher of Rs.200/- is not available and the rent is increased to Rs.300/-. Respondents have increased the rent from Rs.200/- to Rs.300/- and connection is cut-off without giving notice to the complainant. The act of respondents are unfair trade practice and shows deficiency in service. So they are liable to pay compensation to the complainant. Hence the complaint is filed.
2. The counter version is as follows: The 1st respondent had introduced a special introductory offer in which the monthly subscription payable by the subscriber was Rs.200/- per month for a period of four months from the date of activation of the connection. Thereafter the subscription was payable at the rate of Rs.300/- per month. The said offer was applicable to consumers who purchased the digicomp and got the registration of ID from 1st August 2006 till 30th November 2006.
3. The complainant subscribed for the special introductory offer and purchased the Digicomp on 30/11/06. His ID was created on 30/11/06 and the connection was activated on the same day. The complainant had paid a sum of Rs.2,999/- for Digicomp and Rs.1,000/- for his subscription and activation of the services. Out of Rs.1,000/- a sum of Rs.500/- was debited against charges for installation and activation and balance Rs.500/- along with a bonus of Rs.50/- was credited to the account of the complainant as his subscription fee for availing the service at the rate of Rs.200/- per month. So the complainant was entitled to receive the 1st respondent’s service at the rate of Rs.200/- per month till 29th March 2007 in case the complainant has maintained the minimum balance in his subscription account. The complainant was eligible to avail the special introductory offer for a period of 4 months from 30/11/06 and the 4 months expired on 29/3/2007.
4. The service of the 1st respondent is a prepaid service for which the customers are required to purchase recharge coupons and recharge his account on a regular basis before the due date. The customer is further required to maintain a minimum account balance in the subscriber account to continue the service. The complainant had paid Rs.550/- initially towards subscription. So the due date of the complainant was 23/2/2007. Thereafter he had to recharge his account. The information about due date is duly messaged by the respondent which can be seen on the television itself. If the recharge coupon of a particular denomination was not available at a particular outlet the complainant could have purchased recharge coupon of any other denomination.
5. The complainant was entitled to avail the 1st respondent’s service at the rate of Rs.200/- per month under the special introductory offer for the first four months. Thereafter the complainant was required to pay subscription at the rate of Rs.300/- per month. The monthly subscription of Rs.200/- per month was introduced as an introductory offer and not as a permanent one. NAs per clause 13.1(a) of the subscription contract the service shall be deactivated if the subscriber fails to maintain a minimum account balance at the end of the grace period. Since the complainant failed to maintain the minimum account balance, his connection was deactivated on 23/2/2007. Hence there has been no deficiency in service or unfair trade practice on the part of the respondents.
6. The complainant filed affidavit and the documents filed in support to his claim are marked as Exhibits P1 and P2. The respondent have no evidence and no oral evidence has been adduced by both the parties.
7. Points for consideration are :
1. Is there any deficiency in service committed by the respondents?
2. If so reliefs and costs ?
8. Points: The complainant’s case is that he purchased the Tata sky system on 30/11/06 for Rs.3,999/-. This includes the activation charges and rent for three months. The respondents assured that monthly rent payable is only Rs.200/- and that will be reduced upto Rs.75/- per month according to the package selected by him in future. The installation charges paid by the complainant ends on 28/2/07. But the respondents disconnected the connection on 24/2/07 without any proper notice. When the complainant approached for recharge coupon it was informed that the recharge coupon for Rs.200/- is not available and the rent is increased to Rs.300/-. The counter version is that the complainant subscribed the special introduction offer and purchased the Digicomp on 30/11/06. The connection was activated on the same date. The complainant had paid a sum of Rs.2,999/- for the Digicomp and Rs.1,000/- for his subscription and activation of the services. Out of this Rs.1,000/-paid by the complainant Rs.500/- was debited against the charges for installation and activation and balance Rs.500/- along with a bonus of Rs.50/- was credited to the complainant’s account as his subscription fees at the rate of Rs.200/- per month. Hence the total amount Rs.550/- in the complainant’s account enabled him to receive the service till 23/2/07. There after the complainant had to recharge his account. The information about due date is duly messaged to the customers which can be seen on the television itself. The monthly subscription of Rs.200/- per month was introduced as an introductory offer and not as a permanent rental. Since the complainant failed to maintain the minimum account balance, his connection was deactivated on 23/2/07.
9. The complainant purchased the Digicomp on 30/11/06 and the connection was also activated on the same day. Out of Rs.3,999/- paid by the complainant as per the Exhibit P1 receipt Rs.2,999/- was for the Digicomp and Rs.1000/- was for the subscription and activation charges. So there exists Rs.550/- (which includes the bonus amount of Rs.50/-) in the complainant account at the beginning. As he subscribed the service under the special introductory offer the monthly rent payable was Rs.200/- for the period of four months. So there was not enough money in the complainant’s account to continue the service after 23/2/2007. The complainant says that on approaching for the recharge coupon he was informed that the recharge coupon for Rs.200/- was not available and the rent increased to Rs.300/-. But there was no mention whether he had recharged his account. The complainant’s contention is that the disconnection of service on 24/2/07 was made without any proper notice. As the case of visual media messages for its customers/subscribers are usually telecasted in the television itself.
10. Another aspect to be considered is whether the monthly rent was increased against the assurance given to the complainant. The respondent says that the complainant subscribed the service under the special introductory offer. As per this the subscriber had to pay monthly rent at the rate of Rs.200/- for four months and thereafter he has to pay the rent at Rs.300/- per month. Even though the complainant says about the assurance given to him no evidence has been produced in this regard. So the respondents service was disconnected on 23/2/07 as there was no balance in the complainant’s accounts and no efforts was made to recharge the account. Hence no deficiency in service is to be accused against the respondents.
11. In the result the complaint stands dismissed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 29th day of July 2010.
