MR RAMSANKAR NAYAK, MEMBER … The fact of case is that, the complainant is a cable television customer of OP.1 through OP.3 vide his customer No.815453. The complainant availed the connection by paying cost of Set top box and installation charges during the month of July’2016 besides he paid Rs.2640/- towards yearly package for his television vide money receipt No.423833 on dt.27.7.2016. But later it appears that, the set top box connection is not satisfactory to the complainant as the service remains fail 5-6 hours in a week and quality of picture and sound also sub standard. On the other hand the staff of OP.s repeatedly coming to the house of complainant threatened the family members for disconnection and demanding money for Rs.1637/- vide bill no.0321608001557 dt.1.8.16. So the complainant approached the OP.3 and averred that he has deposited a sum of Rs.2640/- for one year package and further demand is illegal but all his approaches and request became futile. Hence he contends that the action of OP.s is arbitrary, highhanded and the OP.s did not provide satisfactory service to its customers as per their advertisement and assurances, so there is deficiency in service by the OP.s and for which action, he inflicted mental agony, physical harassment and financial losses. So he prayed before the Forum to direct the OP.s to quash the bill dt.1.8.16 and also prayed to allow a sum of Rs.50,000/- as compensation and Rs.5000/- as cost for such unfair trade practice and deficiency in service on the part of OP.s.
2. The OP.s entered their appearance through their counsel but failed to file counter in the case despite of several chances given to them within its admission. Hence the OP.s set ex parte as per provisions of C.P.Act.1986. The complainant has filed copy of two cash invoice dt.27.7.2016 & 1.8.2016 and an affidavit in support of his claim. The complainant minutely heard the case in absence of OP.s and perused the record.
3. From the above submissions, it reveals that the complainant has availed Set top box of OP.s on dt.27.07.2016 a yearly package for his television wherein clearly mentioned that the next date of renewal is dt.27.06.2017. But it is seen that the staff of OP.s further demanding Rs.1677/- including service tax and other charges for monthly subscriptions vide bill no.0321608001557 dt.1.8.16 and on protest by the complainant and his family members the OP.s threatened for dare consequences to disconnection the cable line.
4. It is also observed from the part of complainant that he has approached the OP.s for several times and personally approached over phone to OP.2 & 3 and put forth his grievance before them but no positive response or action are taken by them for any remedial solutions. Hence there is deficiency in service on the part of OP.s, for which act the complainant inflicted mental agony and also sustained financial losses and valuable times due to the negligence and unfair practices of OP.s, hence prayed for compensation.
5. From the above transactions and perusing the submissions filed by the complainant, we have carefully verified the records/evidences and found that, the OP.s despite receiving notice of this forum are failed to take any positive actions to settle the matter of complainant and there is no more doubt with the contentions of complainant without filing submission, counter and evidences by the OP.s. It is also seen that the OP.s despite receiving amount of Rs.2640/- for yearly package, forcibly demands further bill for Rs.1677/- within 12 days is beyond imagination. Hence we feel that the action of OP.s is illegal, highhanded, arbitrary and unfair which amounts to deficiency in service and hence they found guilty under the C.P.Act 1986, as such the complainant is lawfully entitled for compensatory relief. The complaint is allowed against all the OP.s with cost.
O R D E R
i. The opposite parties supra are severally & collaterally hereby directed to waive out the Bill amount of Rs.1677/- vide bill no.0321608001557 dt.01.08.2016 inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.2000/-(Two thousand) towards the cost of litigation to the complainant.
ii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 20th day of Feb' 2017.
Sd/- Sd/-
MEMBER MEMBER, DCDRF,
NABARANGPUR.
Date of Preparation:
Date of dispatch :
Date of received by
the A/A for Ops / Complainant :
Initial of the dispatcher. Memo No_______________ Dtd…………………………
Copy to the parties concerned.
MEMBER, DCDRF,
NABARANGPUR.
