DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD Dated this the 27th day of March 2010.
Present : Smt. H. Seena, President : Smt. Preetha G. Nair, Member : Smt. Bhanumathi.A.K, Member C.C.No.36/2009
Pankajakshan Kondath S/o. Late A. Janardhana Panicker Arunodhayam Vartha Nagar College Road Palakkad District - Complainant (Adv.M. Sugadha Kumar ) Vs
1. Asianet Satellite Communications Ltd 15/185, Lakshmi Gardens Mathakoil Street Palakkad. (Adv.P.P. Gopalakrishnan and M.P. Ambika) 2. Asianet Satellite Communications Ltd Corporate Office Karimpanal Arcade 3rd Floor, East Fort Thiruvananthapuram. - Opposite parties (Adv.P.P. Gopalakrishnan and M.P. Ambika) O R D E R By Smt. H. Seena, President
Brief facts of complainant :
On 08/10/2008, the complainant had taken the Asianet Data Line connection to his house and it started functioning on 11/10/2008 onwards. The connection was taken under the promotional offer and as per the offer the opposite parties promised to provide an Asianet Cable service Digital Set Top Box on free of cost for a nominal monthly lease rent along with the above said data line connection with a stipulation to use the said data line connection up to 800 MB per month for one year and by accepting the said offer the - 2 - complainant had paid an amount of Rs.2,700/- as annual subscription for the said connection. But the 1st opposite party herein did not provide the above said Digital Set Top Box as promised and on the other hand on 12/11/2008 without any notice and without the knowledge of the complainant the opposite parties disconnected the above said connection by which heavy loss and irreparable injury was caused to the complainant herein and the above said acts of the opposite parties clearly shows the unfair trade practice and deficiency in service for which the complainant should be compensated by directing the opposite parties to pay back the amount of Rs.2,700/- paid by the complainant at the time of taking the above said connection with interest at the rate of 24% per annum besides pay a sum of Rs.50,000/- towards compensation to the complainant herein with the entire cost of this complaint. Opposite parties filed version contending the following.
Opposite parties admitted the fact that complainant was issued with internet connection by the opposite parties and an amount of Rs.2,700/- was paid towards annual subscription . Opposite parties could not provide the set top box as offered since the complainant has not transferred the counter foil of the coupen as per the terms and conditions stipulated in the offer. Further in addition to 800 MB usage as provided, complainant made an extra usage of 1339 MB. Bill for the said amount was issued to the complainant which was not paid and hence a connection was disconnected. According to opposite parties complaint is filed merely to avoid the said payment.
The evidence adduced consists of the affidavit of both parties. Exhibit A1 to A6 marked on the side of the complainant and Exhibit B1 to B3 marked on the side of 3rd opposite party. Interogatories filed by the complainant was answers by the opposite parties.
Issues for consideration are: Whether there is any deficiency in service or unfair trade practice committed by opposite parties?
If so, what is the relief and costs the complainant is entitled to?
Issues 1 & 2 The definite case of the complainant is that he has taken the Asianet Dataline connection from the opposite parties on 11/10/2008. As per the offer made by opposite parties complainant is entitled to a free set top box and use of internet connection up to 800 MB per month for 1 year. Rs.2,700/- was paid towards Annual subscription.
The grievance of the complainant is that no set top box was provided as per the offer. Further the connection itself was disconnected without giving any proper notice.
Opposite parties admitting the offer and payment of Rs.2,700/- has submitted that opposite parties was always ready to provide the set top box, provided complainant fulfill the conditions. As per the terms and conditions of the offer printed on the backside of the coupon marked as Exhibit B3, complainant has to exchange the counter foil of the coupon for availing the offer. Complainant has no case that he has transferred the counter foil of the same to the opposite parties.
Further regarding disconnection opposite parties contented that as per the terms and conditions of offer complainant is entitled to use the internet connection up to 800 MB per month. But the complainant has made an extra usage to the tune of 1389 MB. Since the complainant was unwilling to pay for the enter usage, connection was disconnected. Exhibits B1 and B2 which is the copy of the ledger extract and invoice bill dated 01/11/2008 substantiates the contentions of the opposite parties. Moreover in the answers filed by opposite parties for the interogates filed by the complainant, it is stated that the complainant can check his usage and charges of internet from the system itself. Complainant by not availing the facility cannot fasten liability on the opposite parties.
In view of the facts set forth above, we are of the view that the complainant miserably failed to prove a case in his favour. Hence complaint dismissed. Pronounced in the open court on this the 27th day of March 2010. - 4 - President (SD)
Member (SD)
Member (SD) APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Asianet Digital Set Offer coupon No.6878 Ext. A2 - Asianet Dataline receipt dated 11/10/2008 for Rs.2,700/- Ext. A3 - Installation report dated 08/10/2008
4. Ext. A4 series – Copy of registered letter dated 18/02/2009 and acknowledgment card 5. Ext. A5 series – Copy of registered letter dated 18/02/2009 and acknowledgment card 6. Ext. A6 – Copy of lawyer notice dated 16/03/2009 Exhibits marked on the side of the Opposite Party 1. Ext. B1 – Copy of bill dated 11/10/2009 for Rs.4169.50 pf Asianet Satellite Communications Ltd 2. Ext. B2 – Copy of Invoice 3. Ext. B3 - Offer coupon Forwarded/By Order
| | HONORABLE Smt.Bhanumathi.A.K, Member | HONORABLE Smt.Seena.H, PRESIDENT | HONORABLE Smt.Preetha.G.Nair, Member | | 
