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M/s. D Net Malayalam communications, Ashoka house, Kaloor, Kochi, Represented by its Proprietrix v/s Reji Varghese


Company & Directors' Information:- MALAYALAM COMMUNICATIONS LIMITED [Active] CIN = U74300KL2000PLC013655

Company & Directors' Information:- NET 4 INDIA LIMITED [Active] CIN = L72200DL1985PLC022649

Company & Directors' Information:- NET 4 COMMUNICATIONS LTD [Active] CIN = U72900WB2005PLC104025

Company & Directors' Information:- C. NET COMMUNICATIONS (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062066

Company & Directors' Information:- T P COMMUNICATIONS LIMITED [Active] CIN = U22211UP1995PLC019014

Company & Directors' Information:- NET INDIA PRIVATE LIMITED [Active] CIN = U72200TG2000PTC033623

Company & Directors' Information:- I-NET PRIVATE LIMITED [Active] CIN = U51909DL1998PTC094702

Company & Directors' Information:- A AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC056539

Company & Directors' Information:- S P COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U45100WB1997PTC085372

Company & Directors' Information:- K--NET PRIVATE LIMITED [Active] CIN = U92120DL2000PTC104679

Company & Directors' Information:- L-3 COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U31909KA1999PTC025302

Company & Directors' Information:- P U COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070141

Company & Directors' Information:- J. P. COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U51395UP1998PTC024022

Company & Directors' Information:- S R COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U72900DL2000PTC106970

Company & Directors' Information:- M G COMMUNICATIONS PRIVATE LTD [Converted to LLP] CIN = U74899DL1986PTC023568

Company & Directors' Information:- K P VARGHESE AND COMPANY PVT LTD [Strike Off] CIN = U51909KL1990PTC005731

Company & Directors' Information:- R A NET (INDIA) PRIVATE LIMITED [Active] CIN = U72200MH2000PTC124559

Company & Directors' Information:- S N COMMUNICATIONS PRIVATE LIMITED [Converted to LLP] CIN = U72900DL2002PTC118175

Company & Directors' Information:- G AND G NET COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72200PN1999PTC014000

Company & Directors' Information:- B E COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64204WB2007PTC117516

Company & Directors' Information:- S A COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64204MH2020PTC343477

Company & Directors' Information:- NET INDIA COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64203TG2000PTC035309

Company & Directors' Information:- N AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U92112MH1996PTC102814

Company & Directors' Information:- E 6 COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024856

Company & Directors' Information:- B N B COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U30009DL1996PTC081267

Company & Directors' Information:- IN-NET INDIA PRIVATE LIMITED [Active] CIN = U72900MH2000PTC124429

Company & Directors' Information:- VERSUS COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74300WB2005PTC103033

Company & Directors' Information:- A P COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U94201DL2001PTC112095

Company & Directors' Information:- N V COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135640

Company & Directors' Information:- N C COMMUNICATIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72500DL1996PTC075119

Company & Directors' Information:- S AND S COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U32102KA1991PTC012068

Company & Directors' Information:- ASHOKA PVT LTD [Strike Off] CIN = U52339OR1981PTC001004

Company & Directors' Information:- U AND I COMMUNICATIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900PN2012PTC144206

Company & Directors' Information:- K J VARGHESE AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999KA1967PTC001702

Company & Directors' Information:- N & D COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74900TN2003PTC050717

Company & Directors' Information:- G 8 NET PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC108510

Company & Directors' Information:- R C COMMUNICATIONS PVT LTD [Strike Off] CIN = U93090OR2006PTC008788

Company & Directors' Information:- G AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72900DL2006PTC146926

Company & Directors' Information:- D S COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64202DL2005PTC142556

Company & Directors' Information:- O. T. S. COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U93000MH2007PTC169128

Company & Directors' Information:- R K D COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64200MH2011PTC217962

Company & Directors' Information:- N S S COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U72200TG2010PTC071384

Company & Directors' Information:- D T N COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64203TN1982PTC009325

Company & Directors' Information:- B R I O COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U22300DL2012PTC242469

Company & Directors' Information:- K AND I COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2005PTC140331

Company & Directors' Information:- M M M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U32204DL2007PTC164017

Company & Directors' Information:- D W W COMMUNICATIONS PRIVATE LIMTIED [Strike Off] CIN = U64200DL2007PTC169339

Company & Directors' Information:- K 2 COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74300KA2007PTC042842

Company & Directors' Information:- K. R. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74999GJ2016PTC093336

Company & Directors' Information:- A. N. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74130DL2020PTC372569

Company & Directors' Information:- V R COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U74999PN2021PTC202406

Company & Directors' Information:- U F O COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U92100DL1997PTC087625

Company & Directors' Information:- K & K COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TN1995PTC030627

Company & Directors' Information:- Z AND N COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TZ1996PTC007333

Company & Directors' Information:- ASHOKA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U19129UP1959PTC002744

    Appeal No. 388 of 2017

    Decided On, 12 September 2018

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. JUSTICE S.S. SATHEESACHANDRAN
    By, PRESIDENT
    By, THE HONOURABLE MR. T.S.P. MOOSATH
    By, JUDICIAL MEMBER & THE HONOURABLE MR. R. RANJIT
    By, MEMBER

    For the Appellant: S. Reghukumar, P.G. Jayashankar, Advocates. For the Respondent: --------



Judgment Text

S.S. Satheesachandran :President

Opposite party in CC 934/14 on the file of Consumer Disputes Redressal Forum, Ernakulam, for short the forum, has filed this appeal challenging the Order of the forum directing it to restore the cable TV connection provided to the complainant within one month from the date of receipt of the order and to pay cost of Rs.2000/-.

2. Complainant laid the complaint before the forum alleging that the cable Tv connection taken by him from opposite party was disconnected without notice. He had a further case that though there was promise to provide 100 channels, what was provided by opposite party was only less number of channels. Imputing deficiency in service against opposite party, he had sought for restoration of the connection with compensation and cost.

3. Resisting the claim, opposite party filed version contending that the complainant was a chronic defaulter in payment of charges due for the connection and when he failed to pay monthly charges after demand, the connection was terminated. There was no deficiency in service on the part of opposite party and the complainant who was at fault is not entitled to file the complaint and claim compensation, was its case.

4. Evidence in the case consisted of testimony of complainant as PW1 and exhibits A1 to A3 on his side. On the side of opposite party, its manager was examined as DW1.

5. Appreciating the materials produced, the lower forum, after entering a finding that the complainant had defaulted payment of monthly charges to opposite party for two months, held that there was deficiency in service on the part of opposite party in disconnecting the cable tv connection without noties. In that view of the matter, opposite party was directed to restore the cable tv connection and to pay cost of Rs.2000/-. Aggrieved by that Order, opposite party has preferred this appeal.

6. Notice given complainant appeared in person. We heard counsel for the appellant and also the complainant.

7. Learned counsel for the appellant submitted that exhibit A2 providing for issue of 15 days notice before effecting disconnection was not applicable to the present case since the regulations covered thereunder issued by TRAI is applicable only in the case of digital tv. Overlooking that aspect, the forum has formed a conclusion that there was deficiency in service on the part of opposite party in disconnecting the service without notice. When the complainant has been found to be a defaulter in payment of monthly charges for two months, the forum should have found that the disconnection was justified and there was no justification to order restoration of the connection, according to the counsel. Complainant, who is present in person submits that he had taken the connection from opposite party in the year 1993 and till 2012, monthly charges of Rs.100/- were paid. That was later changed to 6 months payment in advance, for which a discount of Rs.50/- was provided. Without notice to him, opposite party disconnected the service, and, the Order passed by the forum, according to him, deserves only to be confirmed as the disconnection amounted to deficiency in service.

8. Irrespective of the question whether notice for disconnection contemplated under exhibit A2 is applicable where a connection has been provided receiving payment over a continuous period of time, in the event of default in payment, opposite party has to make a demand for payment and then proceed with steps for disconnection. Though learned counsel for appellant submitted that exhibit A2 is applicable only to digital tv connection and not to analogue tv connection provided to complainant, as already indicated where complainant had been in enjoyment of the cable tv connection from the opposite party from 1993 onwards, in case of default of payment of monthly charges on his part for one or two months, opposite party should have given notice before effecting disconnection. Admittedly, complainant had paid monthly charges till July and the opposite party disconnected the service in September 2012 without issuing notice. When that be so, we do not find any impropriety or illegality in the conclusion formed by the forum that there was deficiency in service on the part of opposite party. Complainant is now in enjoyment of a connection from another service provider according to his statement before the Commission. Further, the direction issued by the forum to restore the connections may not be possible at this stage since now all analogue connections have been stopped and digital connection alone is available. Complainant had been previously in enjoyment of analogue connection and if at all he re

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quire digital connection, he has to apply and get the same from a qualified service provider. So we vacate the direction to restore the cable tv connection to the complainant. Further, considering the facts and circumstances presented, cost ordered by the forum is modified as compensation enhancing it to Rs.3500/-.Compensation as fixed above shall be paid to the complainant within a period of one month from the date of receipt of this Order, failing which, it shall carry interest @ 12% p.a. till payment or realization.
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