DATE OF DISPOSAL: 24.06.2022
Sri P.Surya Rao, President:
The fact of the case in brief is that the complainant has filed this consumer complaint U/s 35 of The Consumer Protection Act, 2019 alleging deficiency in services and unfair trade practice and mental agony by the Opposite Party (in short O.P.) and for redressal of his grievance before this commission.
The fact of the case as averred by the complainant is that the complainant had taken cable connection of T.V. channels in the name and style stated as “Shree Jaganth Vision”, who is the distributor of connection of T.V. channels. The complainant used to pay the monthly rent charges to the O.P. regularly without any default. Accordingly the complainant has got the connection bearing no – 162400103490015705 and No – 16420018490030473 for which the monthly payment are Rs. 347/- (Rupees Three Hundred Forty Seven) only. The last monthly payment was paid on September – 2020.
The T.V. Channel Connection No – 162400103490015705 has been totally disconnected from 15.09.2020. The complainant went to the office of the O.P. and filed a complaint in their complaint book on 18.09.2020. The O.P. also assured to the complainant to give the connection by deputing their technicians. But no connection has been initiated for connection to the consumer No. 162400103490015705.
So, the complainant filed this complaint for deficiency in services and unfair trade practice and mental agony against the O.P. under the Consumer Protection Act, 2019 and sought relief.
Hence, The Consumer complaint was admitted and this commission has issued notice to the Opp. Party, which was duly acknowledged on 07.10.2020 by one madhusudan. But the O.P. has not appeared before this commission till 11.04.2022, and found absent on call. Hence, the O.P. was set exparte.
We have heard the learned complainant himself by person and gone through the documents on record.
In the instant case it reveals that the complainant filed two documents as Annexure – 1 & 2 and filed a notarized affidavit. By taking the sole testimony of the complainant and the affidavit as well as the documents into consideration, we accepted the contentions of the complainant as true and correct. Keeping in view of the provisions of C.P. Act, 2019, the commission allowed the case of the above named complaint case on exparte against O.P.
Hence, the Opp. Party is directed –
(i) To give connection to the T.V. Customer No – 162400103490015705 with fifteen days after receiving of this copy of order, on receiving monthly payment.
(ii) To pay Rs. 5,000/- (Rupees Five Thousand) to the complainant towards compensation.
(iii) To pay Rs. 1,000/- (Rupees One Thousand) as litigation expenses.
This order shall be complied with by the Opp. party within one month from the date of receipt of this order, failing which it shall be liable to pay the entire amount (ii) & (iii) along with interest @8% P.A. from the date of order of this case till its actual date of realisation and complainant is at liberty to take appropriate steps in accordance to the C.P. Act for realisation of the dues.
Certified copy of this order be communicated to the parties free of cost.
A copy of this order be also sent to the Secretary, State Consumer Distputes Redressal Commission, Odisha, Cuttack for information and a copy of same be sent to the server of www.confonet.nic.in for posting in internet. After compliance the case record be consigned to record room.
This order is pronounced on 24th June 2022 in open commission.
Evidence affidavit of the complainant.
A Written Argument of complaint filed.
No appearance of Opp. Party.
