BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Tuesday the 6^th day of March, 2012

C.C.No.116/2011

Between:

B.Gorantla Naidu,S/o B.Naganna, Advocate,

H.No.3/10 A,G. Singavarm Village,Kurnool Mandal and District -518 004.                 

…Complainant

                                       -Vs-

1)                        The Managing Director of  Sun Direct T.V. Private Limited,

 4/1017, 3^rd Cross Street, 9^th Link, Nehru Nagar, Kothivakkam,  Chennai - 600 041.

2)                        Authorised Signator of       Darshan Enterprises,

    D.No./Shop No.24, R.M.K. Plaza, Opp. Zilla Parishad, Kurnool - 518 001.                     

    ...Opposite ParTies

This complaint is coming on this day for orders in the presence of Sri S.Baleeswara Reddy, Advocate for complainant and Sri M.Sivaji Rao, Advocate for opposite party No.1 and opposite party No.2 called absent and upon perusing the material papers on record, the Forum made the following.     

          ORDER

                  (As per Smt. S.Nazeerunnisa, Lady Member)

   C.C. No.116/2011

1.     This complaint is filed under section 12 of C. P. Act, 1986 praying:-

1. To direct the opposite parties to pay a sum of Rs.90,000/- to the complainant towards compensation for loss of Zee T.V. serials and Programs etc., deficiency of service/negligence of service and also to pay Rs.9,000/-towards mental agony for inaction of the opposite party on the complainant made to the opposite party, for costs of the petition and such other relief as the Honourable Forum deems fit and proper in the circumstances of the case.

2.    The case of the complainant in brief is as under:-  The complainant has Sun direct D.T.H. service connection with Sun direct T.V. Private Limited (opposite party No.1) with smart card/ID bearing No.41022026920 under the yearly subscription dated 25-02-2011 for general package and  special package, add on pack for Zee Telugu connection.  The complainant purchased recharge cards from opposite party No.2 and recharged it under yearly subscription.  On 02-06-2011 there was no display of Zee Telugu Channel.  The complainant gave a complaint at call centre, Hyderabad and made number of calls to Sun Direct call centre at Channai, but there is no reply from the opposite parties.  There is deficiency of service on the part of opposite parties.  Hence the complaint.

3.     Opposite party No.1 filed written version stating that the complaint is not maintainable and admitted that the complaint has recharged his smart card ID No.41022026920 dated 05-02-2011.  on 13-05-2011 the complainant requested the opposite party No.1 to activate Telugu yearly basic plan for availing two  months extra validity, for providing the basic  plan.  The opposite party debited an amount of Rs.99+99.  The balance in the complainant’s account reduced to Zero.  Later on 15-06-2011 the complainant requested to credit the debited balance in his account.  The opposite party No.1 disconnected the Telugu Zee Channel on 15-05-2011 and informed the same to the complainant.  There is no deficiency of service on the part of opposite parties.  The complaint is liable to be dismissed.

        Opposite party No.2 set exparte. 

4.     On behalf of the complainant Ex.A1 to A5 are marked sworn affidavit of complainant is filed.  On behalf of the opposite party No.1 Ex.B1 is marked and sworn affidavit of opposite party No.1 is filed. 

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of opposite party No.1?

1. Whether the complainant is entitled for the reliefs as prayed for?

1. To what relief?

7.      POINTS i and ii:- It is Admitted that the complainant has Sun Direct D.T.H. Service connection with opposite party.  Ex.A1 is the photo copy of Activation Vouchers No.48 & 49 dated 16-04-2008.  It is also admitted that the complainant purchased recharge cards from opposite party No.2 under Ex.A2 to Ex.A4 and recharged them.  Ex.A5 photo copy of endorsement letter for Rs.1,460/-.  It is the case of the complainant that though there is a special package of Zee Telugu Channel the opposite p arty negligently disconnected the Channel and it caused mental agony to the children of the complainant.  Opposite party No.1filed Ex.B1 the photo copy of Top up details of the smart card Voucher No.41022026920.  The learned counsel appearing for the opposite party No.1 contended that the opposite party No.1 already displayed the Telugu Zee Channel  to the complainant with free of cost and the amount of Rs.99/- was also credited in the account of the complainant.  As per Ex.B1 the above said fact is clear.  The learned counsel for the complainant also admitted that now the complainant has Zee Telugu Channel connection.   No amount was debited in the account of the complainant by opposite party No.1.  Complainant has not sustained any loss.  Opposite party No.1 disconnected the channel temporary on the request of complainant.  

8.     The complainant claims. compensation of Rs.90,000/- alleging deficiency of service on the part of opposite parties and Rs.9,000/- for causing mental agony.  There is no basis on record to hold that the complainant has suffered loss.  The complainant has not filed at least affidavits of his children stating that they suffered mentally.   The complainant is not entitled for any compensation as no deficiency of service is found.

9.     In the result, the complaint is dismissed without costs.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 6^th day of March, 2012.

  Sd/-                                  Sd/-                                   Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nil                 For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of Activation Vouchers No.48 and 49

dated 16-04-2008.

Ex.A2.       Photo copy of Recharge Card for Rs.655/-

dated 05-02-2011.

Ex.A3                Photo copy of Recharge Card for Rs.100/-.

Ex.A4                Photo copy of Recharge Card for Rs.25/-.

Ex.A5                Photo copy of Endorsement Letter for Rs.1,460/-.

List of exhibits marked for the opposite parties:-

Ex.B1                Photo copy of Top up details of the Smart Card

Voucher No.41022026920.

  Sd/-                                  Sd/-                                   Sd/-

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//           

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :