Kerala

Kozhikode

CC/08/281

T K G NAMBIAR - Complainant(s)

Versus

THE MANAGER,MAHESWARY INFOSYSTEMS - Opp.Party(s)

19 Jan 2009

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. CC/08/281

T K G NAMBIAR
...........Appellant(s)

Vs.

THE MANAGER,MAHESWARY INFOSYSTEMS
THE MANAGER,TUNESELECTRONICS
THE CHAIRMAN,DISH T V INDIA LTD.
...........Respondent(s)


BEFORE:
1. G Yadunadhan B.A.2. Jayasree Kallat M.A.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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By G. Yadunadhan, President:

 

            The case of the complainant is that he purchased a DISHTV connection on 14.11.2007.  The DISHTV Company was represented by opposite party No.1.  Complainant bought dish antenna, set top box and viewing card from the opposite party No.1.  The same was installed and worked for about a couple of weeks without any problem.  After some time some channels could not be viewed and later could not be viewed any of the channels like Doordarshan, Kairali, Amtrutha etc.  After getting direction from the opposite party, complainant himself checked the signal quality and strength, which made no improvement.  Subsequently, opposite party No.1 has been removed from the list of authorized agents and opposite party No.2 has been appointed as authorized service agent.  Opposite party No.2 checked the system and charged Rs.168/- as reinstallation charge.  But the channels were still not available.  Repeated complaints were made, but defects were not rectified.  Meanwhile opposite party No. 1 has been again re-appointed as Service Provider.  Opposite party No.1 requested to send the STB to their service center with a promise that STB will be repaired and returned within 24 hours.  Even after 5 days delay, they did not return the original STB, but given an old serviced STB.  Complainant made several telephone calls, but there was no response.  Complainant is unable to view the TV channels.

 

            Opposite party No.1 appeared in person and requested time for filing version, but failed to file any version.  Subsequently opposite party No.1 is set exparte.

 

            Opposite party No.2 appeared and filed version.

 

            Opposite party No.3 did not appear.

 

            Complainant was examined as PW1 and Exts. A1 to A4 were marked. 

 

            Complainant admitted that opposite party No. 2 has been omitted from the service contract by the parent company and hence no relief sought from opposite party No.2.  Opposite party No.1 and 3 does not contest the claim of the complainant and there is nothing to disbelieve in the evidence produced by the complainant.  Hence this Forum has allowed this complaint with a direction to the opposite party No.1 and 3 to replace the entire set of hardware including DISH antenna, Set Top Box with remote control and viewing card and also to pay a compensation of Rs.10,000/- (Rupees ten thousand only) with no cost to the complainant.

 

            Pronounced in open Court this the 19th day of January 2008.

 

 

                                    Sd/- President                                              Sd/-Member

 

APPENDIX

Documents exhibited for the complainant:

A1            Photocopy of Installation Report.

A2            Photocopy of Subscriber Application.

A3            Photocopy of Receipt No.73 dated 21.3.2008 for Rs.168/-.

A4            Pamphlet of dishtv.

 

Documents exhibited for the opposite party:

Nil.

 

Witness examined for the complainant:

PW1     T.K. Govindankutty Nambiar, S/o. Kunhiraman Nair – Complainant.

 

Witness examined for the opposite party:

None

 

-/True copy/-

 

Sd/-President

 

(Forwarded/By Order)

 

 

 

Senior Superintendent.

 

 

 




......................G Yadunadhan B.A.
......................Jayasree Kallat M.A.