MOON STAR CABLE NETWORK Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has been served with a Notice dated 5.6.2014 under the 2012 Regulations by the respondent No. 3 on the ground that the petitioner has failed to pay the outstanding subscription charges to the said respondent under the terms of the Agreement; copy whereof has been filed alongwith the writ petition.

(2.) Learned counsel submits that the respondent No. 3 is trying to take undue advantage of the terms and conditions of the said Agreement and is compelling the petitioner to make payments which otherwise is a consequence of manipulation.

(3.) Having perused the same as well as the Standard of Quality of Service (Digital Addressable Cable Television System) Regulations, 2012, which has been framed under Section 36 read with Section 11 of the Telecom Regulatory Authority of India Act, 1997, we find that the aforesaid regulations provide for under Clause 6 for matters relating to Communication of Technical or Operational Non-feasibility. Learned counsel submits that the said clause cannot be invoked for the purpose of issuance of such a notice and in the aforesaid circumstances, the threat to disconnect the service is an act contrary to the aforesaid regulations.