SRI. K. ANIRUDHAN (MEMBER) Sri. G.R.Pillai has filed this complaint before the Forum on 3.6.2010 alleging deficiency in service on the part of the opposite party. The allegations of the complainant are as follows:- He is now engaged in the business of share market in Haripad. He has obtained a Digital TV connection from the opposite party and he is a consumer of the said purpose. The said Digital Cable T.V. connection is highly necessary for his share business. While so, on 5.2.2010 the opposite party had disconnected the said Digital T.V. connection to his firm without any notice. He was not a defaulter in remittance of fee for the said connection. Due to that he has sustained monetary loss and inconvenience and it effected the day to day business. On 6.2.2010 he sent a registered notice to the opposite party. But so far, he has not received any reply and not obtained the reconnection. Hence this com plaint seeking compensation and return of the amount from the opposite party. 2. Notice was sent to the opposite party. They entered appearance before the Forum through the Advocate. Even though several chances were given for the opposite party for filing version, but they have not filed any version, stating the affairs of this case. Hence the case was posted for the evidence of the complainant on 27.9.2010. On that date the complainant has filed the proof affidavit along with the documents. Ext.A1 to A3 marked, and we heard the matter in detail. 3. Considering the allegations of the complainant, the Forum raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite party? 2) Compensation and costs. 4. Exts.A1 and A2 are the registered letters dated 6.2.2010 issued by the complainant to the opposite party regarding disconnection of his Digital TV connection. In this registered letter complainant had requested the opposite party to restore the connection on 8.2.2010 and intimated the opposite party that in case any default, he will proceed against the opposite party without further notice. Ext.A3 is the Provisional Receipt vide No.682967 dt. 6.4.2009 issued by the opposite party in favour of the complainant. It shows that the opposite party had collected a sum of Rs.1980/- by way of DD No.937989 from the complainant towards the Installation Charges/Reconnection Charges/others for a period from May 2009 to April 2010. The said Receipt was issued with details of opposite party’s firm and sharing their emblem. 5. We have carefully examined the whole matter of this complaint. The complainant was a consumer of the opposite party’s Digital TV connection and there was no dues on the part of the complainant for the said connection. The complainant is in business of share market and the said connection is highly necessary for the business purpose. While the complainant was in use of the said connection, the opposite party has disconnected the Digital TV Cable connection without any reason and without any prior notice to the complainant. On 6.2.2010 the complainant requested the opposite party to give reconnection by letter. But the opposite party has not given the said connection and not sent any reply for the letter dt. 6.2.2010 of the complainant. This will amounts to illegal arbitrary and unauthorized. It is noticed that the opposite party has not filed any version, showing the details of this matter. This shows the irresponsible attitude taken by the opposite party in this case. Ext.A3 document shows that the opposite party has collected the required fee for the said connection from the complainant for the period from May 2009 to April 2010. The opposite party has disconnected the connection of the said Digital TV to the complainant on 5.2.2010. So the opposite party is not entitled to get the fee for a further period from 5.2.2010 from the complainant and therefore opposite party is to return the subscription amount from 5.2.2010 to the complainant. Since there is deficiency in service and negligent on the part of the opposite party by way of disconnection of said connection without any reason, they are also entitled to pay compensation and cost to the complainant. The entire action on the part of the opposite party shows the grossest negligence and dereliction of duty. The opposite party has acted in an arbitrary manner and without any bona fides. In this context, we are of the view that the allegations raised by the complainant against the opposite party are to be treated as genuine. All the issues are found in favour of the complainant. Hence the complaint is to be allowed as prayed for. In the result, we hereby direct the opposite party to return the subscription amount for the said connection from 5.2.2010 to the complainant after taking the apparatus if any from the premises of the complainant’s office and further pay a sum of Rs.20,000/- (Rupees twenty thousand only) to the complainant for his mental agony, loss of business, physical strain, harassment and inconvenience caused due to the deficiency in service, willful negligence and unfair trade practice of the opposite party and pay a sum of Rs.2,000/- (Rupees two thousand only) as cost of this proceedings. We further direct the opposite party to comply with the order, within 20 days from the date of receipt of this order. Pronounced in open Forum on this the 30th day of September, 2010. Sd/- Sri. K. Anirudhan: Sd/- Sri. Jimmy Korah: Sd/- Smt. N.Shajitha Beevi: Appendix:- Evidence of the complainant:- Ext.A1 - Postal Receipt Ext.A2 - Letter dated 6.2.2010 Ext.A3 - Provisional Receipt Evidence of the opposite party:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite party/S.F. Typed by:-pr/- Compared by:-
| | [HONORABLE K.Anirudhan] Member[HONORABLE JIMMY KORAH] PRESIDENT[HONORABLE Smt;Shajitha Beevi] Member | | 
