DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 7th day of February 2020
Present: Sri.V.P.Anantha Narayanan, Member(President I/c)
: Smt.Vidya.A, Member Date of Filing: 22/07/2019
CC /199/2019
C.K.Bhargavan,
Manasarovar,
Arumugha Gardens, - Complainant
Chandranagar Post,
Palakkad - 678 007.
(By Party in Person only)
V/s
1. The Managing Director,
Asianet Satellite Communications Ltd.,
Regd. and Corp. Office: 2A, Second Floor,
Leela Info park, Techno Park,
Kazhakutom,
Thiruvananthapuram – 695 081.-Opposite parties
2. The Person In charge,
Asianet Satellite Communications Ltd.,
Palakkad 1(JA01),
Lakshmi Gardens, Matha Kovil Street,
Palakkad – 678 001.
O R D E R
By Smt.Vidya.A, Member
Brief facts of the complaint
The complainant was a subscriber of the 2nd opposite party who is an authorized franchisee of the 1st opposite party. Due to some defects in the set top box, installed by the 2nd opposite party the complainant was unable to watch the TV programmes from 21.06.2019 onwards. He lodged a complaint with opposite party by contacting them at their customer care number on 21.06.2019 and 23.06.2019.
On 27.06.2019 one of the employees of 2nd opposite party came to complainant’s place and checked the set top box. He informed the complainant that the set-top-box is not working and he enquired whether there is any insurance for the same. He contacted the 2nd opposite party over phone and assured the complainant that the defects will be rectified shortly. But the opposite party had not repaired or replaced the set-top box. The complainant had made advance payments of Rs.1,000/- on 10.12.2018 and Rs.2,500/- on 25.02.2019 to the 2nd opposite party. So the 2nd opposite party had an amount of Rs.3,500/- as advance amount in their hand. If it is mandatory to insure the set top box, then it is the responsibility of the opposite parties to do it from the advance amount. Further, earlier they have not informed about this to the complainant. During that period the monthly rate of subscription was Rs.300/-. The complainant took Airtel DTH connection on 08.07.2019. So after deducting their subscription charge for 6 months(3500-1800=1700) balance of Rs.1,700/- is with the 2nd opposite party from the advance payment. On account of such deliberate in action on the part of the opposite party, the complainant had to suffer mental agony and inconvenience. Hence this complaint is filed to direct the opposite parties to refund the balance amount of Rs.1,700/-, to pay an amount of Rs.3,000/- as compensation and pass such other relief as the Forum deems fit and proper in this case.
Complaint admitted and notice sent to the opposite parties. Notice was served to the opposite parties and on hearing date they were represented. But after that no vakalath and version filed. Hence name called, absent and set ex-parte.
From the side of the complainant, chief affidavit filed. Ext.A1 and A2 marked.
Main issues arising for consideration:
- Whether there is any deficiency of service on the part of the opposite party?
- If so, what is the relief as to cost/Compensation?
Issues 1&2
Heard.
From the perusal of the affidavit and documents produced by the complainant, it can be seen that the complainant took cable connection with set-top box from the 2nd opposite party who is an authorized franchisee of the 1st opposite party. He made an advance payment of Rs.3,500/- towards subscription to the 2nd opposite party which is clear from Ext.A1 & A2. If the set top box is to be insured, it is the duty of 2nd opposite party to inform their subscribers at the time of installation.
Even though the 2nd opposite party’s employee came to the complainant’s place after accepting his complaint and found out the defect in the set top box, nothing was done to rectify the defect. They did not repair it or replace the same.
As per the complainant, there was no response from their part after that. So there is a clear deficiency of service on the part of the 2nd opposite party in not repairing or replacing the set top box. The acts of 2nd opposite party, caused inconvenience to the complainant and as a result, he suffered mental agony. On account of that, the complainant took another service provider’s cable connection on 08.07.2019 for which he had to spend an additional amount.
From Ext.A1 and A2, it is clear that if there is any balance amount of subscription, it will be used towards the future subscription. Here the complainant made advance payments of Rs.1,000/- and Rs.2,500/- on 10.12.2018 and 25.02.2019. So it can be understood that he made an advance payment of Rs.3,500/- towards subscription for the year 2019. As per the complaint, monthly rate of subscription at that time was Rs.300/-; so the subscription charges for 6 months is Rs.1.800/-. The complainant took another connection on 08.07.2019 and so the 2nd opposite party is bound to refund the balance subscription amount of Rs.1,700/- (3,500-1,800=1,700) to the complainant.
As the opposite parties remained ex-parte, the evidence adduced by the complainant stands unchallenged.
In the result, the complaint is allowed. We direct the 2nd opposite party to refund the unused subscription amount of Rs.1,700/-(Rupees One thousand Seven hundred only) to the complainant and opposite parties 1 and 2 are jointly and severally directed to pay an amount of Rs.2,000/-(Rupees Two thousand only) as compensation for the mental agony and inconvenience suffered by the complainant.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 7th day of February 2020.
Sd/-
V.P.Anantha Narayanan
Member(President I/c)
Sd/-
Vidya.A
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Cash receipt dated 10/12/2018 issued by opposite party to the complainant.
Ext.A2 – Cash receipt dated 25/02/2019 issued by opposite party to the complainant.
Exhibits marked on the side of Opposite parties
NIL
Witness examined on the side of complainant
NIL
Witness examined on the side of opposite parties
NIL
Cost : NIL
