DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.1061 of 2018

                                                Date of institution:  11.10.2018                                                  Date of decision   :  06.05.2019

Dr. Rajiv Khosla, House No.2870, Sector 40-C, Chandigarh.

…….Complainant

Versus

1.     The Nodal Officer, Dish TV India Ltd. C-133, Second Floor, Phase-VIII, Industrial Area, Mohali Punjab 160059

2.     The Chief Executive Officer, Dish TV India Limited, FC-19, Sector 16-A, Film City, NOIDA (U.P.)- 201301.

                                                         ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri S.K. Khosla, authorised representative of the complainant.

                OPs Ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

                  Complainant, being in service earlier was posted at Jaipur where he purchased dish antenna from OPs, being a regular customer. After getting appointment by way of transfer at Chandigarh, complainant requested OPs for de-installation of the dish antenna connection at Jaipur. That request was submitted on 24.08.2018 between 8.00 AM to 10.00 AM. Thereafter complainant submitted request for re-installation of the dish antenna at Chandigarh through its office at Mohali, which caters to the needs of Chandigarh consumers also. In response to the request of complainant, reply on 24.08.2018 was received from OPs by complainant that request in 24 hours will be attended by customer care. In response to the telephonic call given by complainant upto 9.00 A.M. on 26.08.2018, he has not received any response or telephone call. Complainant claims to have got call from Mohali office of OPs thrice on 25.08.2018 stating that they are ready to re-install the dish antenna. However, later on neither Jaipur office nor Mohali office did anything and as such complainant re-lodged the request, on which complainant was called upon to wait for one day more i.e. upto 27.08.2018. No response was received from OPs later on, despite the fact that email reminders were repeatedly sent by complainant.  In one of the email dispatched on 31.08.2018 at 7.06 P.M., complainant was informed that OPs can only arrange technician for de-installation and re-installation on payment of Rs.400/-. Nothing was done and as such complainant got re-installation done after spending amount of Rs.460/-. Recharge period was from 19.08.2018 to 19.09.2018. Complainant claims to have suffered mental agony and harassment and as such he seeks Rs.20,000/- as compensation for that including amount of litigation expenses.

2.             OPs are ex-parte in this case because earlier
Shri Bhisham Singh, Advocate appeared on behalf of OPs by filing memo of appearance, but later on none turned up.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 and Ex.C-2 and then closed evidence.

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Complainant through affidavit Ex.CW-1/1 has claimed that despite request for de-installation and re-installation at Jaipur and Chandigarh respectively, he has not received any response and that is why he had to get the dish antenna re-installed at Chandigarh after paying Rs.460/-. As transfer of the complainant took place from Jaipur to Chandigarh and as such it was but natural for complainant to get the dish antenna de-installed at Jaipur and get the same re-installed at Chandigarh. OPs office at Mohali covers Chandigarh area also. Ex.C-1 snapshots of calls given by complainant to OPs shows as if this correspondence continued from 24.08.2018 to 26.08.2018. Request for re-installation submitted by complainant not attended to by OPs and that is why complainant had to get the dish antenna re-installed at his house after wait of two days and as such certainly complainant suffered mental agony and harassment. Ex.C-2 contains the offers of re-charge.  As due services of de-installation and re-installation of the dish antenna at Jaipur and Chandigarh respectively not provided and as such certainly complainant stood mentally harassed and dragged in this litigation. Complainant is not seeking re-installation of the dish antenna now through services of OPs because he at his own got the same installed at Chandigarh and as such keeping in view these circumstances, complainant entitled to compensation for mental agony and harassment of amount of Rs.4,000/- and to litigation expenses of Rs.3,000/-

6.             As a sequel of above discussion, complaint allowed ex-parte with direction to OPs to pay compensation for mental agony and harassment of Rs.4,000/- and litigation expenses of Rs.3,000/- to the complainant within 30 days from the date of receipt of certified copy of the order. Certified copies be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

May 06, 2019.

                                                                (G.K. Dhir)

                                                                President

                                               (Mrs. Natasha Chopra)

Member