THANE: The Thane District Consumer Disputes Redressal Forum has held the Reliance Digital TV (Big TV Channel) guilty of deficiency in services provided to a company and directed it to compensate the consumer complainant.
In its order dated October 12, 2018, the Forum president SD Madake has directed the company to pay a compensation of Rs 20,000 towards mental agony with 10 per cent interest from March 2012 till realisation to complainant Deepak Prabhu of Vishnu Nagar in Thane city.
The Forum also directed the company to pay legal expenses of Rs 5,000 to the complainant who had purchased the services from the company.
In his complaint, the complainant stated that during the period of twelve months, in respect of which an amount of Rs1,770 has been paid, he was deprived of the facilities from 21/02/2012 due to signal lost.
According to him, he paid the amount on 16/01/2012 and after four days, the signal got lost while watching T.V.
It is alleged that the opposite party did not take cognizance of his grievance and demanded unreasonable charges of Rs175 for sending a mechanic to ascertain the defect.
The complainant alleged that charging of such amount is an unfair trade practice.
Claim of Rs 175 for the engineer visiting charges on the ground of policy of company is deficiency in service, he added.
The complainant prayed for direction to Opposite Party for refund of Rs 1,770 with interest at 18 per anum from date of payment i.
e, 16/01/2012 and compensation of Rs 1,00,000/- (Rupees One Lac) with cost.
The company on its part contested the claim and resisted it in the Forum and submitted that, present dispute arises out of alleged deficiency with DTS services which comes within purview of disputes envisaged under Section 7B of Indian Telegraph Act, 1885.
It also denied that there arose any cause of action because of signal lost, as Opposite Party has nothing to do with set top box installed at Complainant's house and also alleged that since Complainant denies to pay service charges, which are mandatory for availing services of Engineer, as per policy of Opposite Party, the present complaint is not maintainable.
It alleged that if Complainant does not wish to continue services, he will have to return all equipments provided at the time of installation of Digital TV.
In its order, the Forum observed the amount of service for twelve months is Rs1,770.
The Opposite Party is legitimately expected to provide uninterrupted service and to redress the grievance made by the complainant during the said period.
The defence of Opposite Party that unless the complainant pays Rs175, no engineer will be deputed for the same is not legal and valid.
As per rules of using signals service, the Opposite Party is liable to maintain the same.
The Opposite Party is not justified in delaying the services on the ground of payment of visit fees of technician or engineer.
"We are of the view that the policy of demanding visit fees, when there was contractual obligation to render service for one year, is not just and proper.
The detailed affidavit of evidence filed by the complainant indicates that the complainant was subjected to lot of mental agony due to non co-operation of Opposite Party.
As per legal position, this Forum has jurisdiction to entertain the present complaint, the forum held in its order.