IN THE CONSUMER DISPUTES REDRESSAL  FORUM, KOLLAM

Dated this the    13^th  Day of  November  2019

  Present: -  Sri.E.M.Muhammed Ibrahim, B.A, LL.M. President

                   Smt.S.Sandhya Rani, BSc,LL.B, Member

                   Sri.Stanly Harold, B.A,LLB, Member

                                                           CC No.233/18

K.Devarajan                                                :         Complainant

Kavinutharayil House

Sraicadu P.O, Azheekal

Kollam-690547.

V/s

1.     Videocon D2H Service            :         Opposite parties

             61/2016A,61/2017A

             Kurusupally road,Ravipuram

              Kochi-682015.

2.   Shri  Shivlal

          Technician

         Videocon D2H Service

FAIR   ORDER

STANLY HAROLD, B.A,LLB,Member

          This is a Consumer Complaint filed u/s 12 of the Consumer Protection Act 1986 against opposite parties against the  illegal disconnection of legitimate connection D2H Cable service and also to refund the amount received in connection with the cable network services.

          The complainant was a customer of opposite party No.1 for a couple of years with customer ID No.158907080 for D2H cable network services.  The complainant used to pay the monthly rent for the use of the above service.

          On the year 2017 the set top box in the complainant cable service was snapped and it was replaced by opposite party No.2 being defective on payment by the    complainant.  Thereafter   the   set  top box shutdown on its own that was also

2

replaced by opposite party No.2 by receiving payment.   But the replaced set top box became defective again and this was informed to opposite parties and opposite parties agreed to rectify the defect on the condition that the complainant had to pay a service charge of Rs.200/- to their mechanic, same was paid by the complainant as advised by the opposite parties.  Thereafter complainant had paid the recharge monthly rent of Rs.245/- in full through M/s Magna Electronics and service Centre, Karunagappally.  However the opposite parties without giving any intimation disconnected the connection of D2H on 15.08.2018.  It was informed by the opposite parties that due to insufficiency balance in the complainant’s account the service had been disconnected by the opposite parties and the opposite parties further informed that they had deducted Rs.200/- from the monthly rent paid by the complainant towards the service charges “erroneously”  and assured to restore the services, but  no attempt was made by the opposite parties to restore the same.  Hence the complainant was unable to know the  flood situations in various parts of Kerala, where his friends and relatives are  residing and present situation regarding the casvalities in flood due to non availability of D2H services.  Thereafter the complainant had purchased a new cable service connection from Airtel  Digital TV services on 28.08.2018 with Digital Account.  Though the complainant requested the opposite parties to take back the set top box installed by them and to refund the amount of Rs.1900/- plus monthly rent paid for the month of August which was not utilized by the complainant due to disconnection of cable services.  Hence this complaint.

          Inspite of receipt of notice opposite party 1&2 never appeared before the Forum nor filed any version.  Hence opposite parties set exparte.

          Complainant filed affidavit by re-iterating the averments in the complaint.  No documentary evidence was produced.  Heard the complainant, who himself has

3

conducted the case.  Though there is no documentary evidence, the unchallenged averments in the affidavit filed by the complainant it is clear that there is deficiency in service on the part of opposite parties, as the opposite parties failed to rectify the defects of the set top box nor  returned the value of  same and  the amount paid  as monthly subscription.  Hence it is clear that the  complainant had sustained monitory loss and mental agony and hence entitled to get the reliefs sought for.

In the result the complaint stands allowed directing the opposite parties to return Rs.1900/- being the value of the D2H cable service and Rs.245/- being the monthly subscription paid by the complaint for the month of August 2018. Opposite party 1&2 are further directed to pay Rs.1000/- as compensation and Rs.500/- as costs within 30 days from the date of receipt of a copy of this order failing which the complainant is entitled to realize Rs.1900+245+1000 with interest @ 12% p.a from the date of complaint till realization from the opposite parties and their assets by filing EP u/s 25 of Consumer Protection Act 1986.

Dictated to the  Confidential Assistant  Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Forum on this the    13^th   day of  November   2019.  

E.M.MuhammedIbrahim:Sd/-

S.SandhyaRani:Sd/-

StanlyHarold:Sd/-

Forwarded/by Order

Senior Superintendent