LAWS(CHHCDRC)-2009-12-1

TATA SKY LIMITED Vs. MAHENDRA CHOUDHARY

Decided On December 11, 2009
TATA SKY LIMITED Appellant
V/S
Mahendra Choudhary Respondents

JUDGEMENT

(1.) THIS appeal is directed against Order dated 16.12.2008 of District Consumer Disputes Redressal Forum, Raigarh, (hereinafter called as "District Forum" for short), in Complaint Case No. 63/2008, whereby the appellant herein, has been directed to pay Rs. 5,000 to the respondent/complainant as compensation, for the deficiency in service, with a further direction, to pay interest @ 12% p.a. in case that amount, is not paid within a period of one month.

(2.) THE facts of the case which are not in dispute, are that respondent/complainant has purchased three Tata Sky dish connections from the appellant herein, valuing Rs. 4,000 each, having D.G. Card Nos. 000026278929, 000023195399 and 000026275636. As agreed between the parties along with the D.G. Cards, one Set Up Box, one Dish Antenna LNBC, and six months' free subscription, was also provided. The grievance of the respondent/complainant before the District Forum, was that on 20.2.2008, all of a sudden, transmission was stopped by the appellant herein. When a legal notice was given, then the transmission was restarted on one D.G. Card having No. 000026275636, but so far as remaining D.G. Cards were concerned, the signals were not provided. Requests were made orally, as well as by sending a notice. When nothing was done, then complaint, was filed before the District Forum.

(3.) IN reply, the appellant herein, had averred that the complainant/respondent, was using the services for Video Piracy, contrary to the terms agreed between the parties, and thereby the terms of Contract, between the parties, had been violated. Under the terms of Agreement, in case of detection of Piracy, services were to be stopped and no deficiency had been committed, in such stopping.