Vincent R.Raj,

5/63, Agnes Raj Home, Viswasapuram,

Saravanampatty Post, Coimbatore-35. --- Complainant

Vs.

1. M/s. Sun Direct TV (P) Ltd.,

Sun Network Building, Vincent Road,

Kottaimedu,Coimbatore – 641 001.

2. M/s. Pavithra Electronics,

138, Sathy Main road,

Saravanampatty Post, Coimbatore-35. -- Opposite Parties



This case coming on for final hearing before us today in the presence of the complainant in person and the opposite parties remained absent and set exparte and upon perusing the case records and hearing the arguments and the case having stood over to this day for consideration, this Forum passed the following:

ORDER



Complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction against the opposite parties to refund Rs.1750 collected on 25.3.09 and to pay Rs.50,000 as compensation for mental agony and to pay cost of Rs.5000/-.

The averments in the complaint are as follows:

1. The complainant preferred the product of SUN DTH of 1st opposite party and in the course of enquiry, he was referred to 2nd opposite party who is one of the dealer for the Sun DTH. On 25.3.09 complainant paid Rs.1750 for a 5 months scheme. In the same day effected connection. The smart card No. is 4115 4813 665 R. Complainant was not issued any receipt for the amount, when demanded the same, it is informed that no receipt is issued as a matter of policy. On 16.7.09 during viewing TV the program vanished from the screen. It is noticed that the Set Top Box failed to display anything. The same was informed to 2nd opposite party on 17.7.09. On 18.7.09 STB box removed and it was informed that the STB will be returned after 3 days. No spare STB was provided. The complainant contacted the opposite parties 1 and 2 on 21.7.09, 22.7.09 and 23.7.09 and legal notice was issued on 24.7.09. But til date STB not in stabled. The conduct of the opposite parties amounts to gross negligence and deficiency in service.

2. The complainant and opposite parties have filed Proof Affidavit along with documents Ex.A1 to A4 was marked and the opposite parties remained absent and set exparte.



The point for consideration is

Whether the opposite parties have committed deficiency in service? If so to what relief the complainant is entitled to?

ISSUE 1

3. This Complaint is filed against the opposite parties praying this Forum to order refund of Rs.1750 collected on 25.3.09 and order to pay Rs.50,000 as compensation for the mental agony suffered by the complainant and for costs.

4. The first opposite party is M/s.Sun DTH Pvt.Ltd. and the 2nd opposite party is M/s.Pavithra Electronics who is the dealer of 1st opposite party.

5. The case of the complainant is that on 25.3.09 he paid Rs.1750 for the Sun DTH. The contention of the complainant is that the opposite parties have not issued any receipt for the amount. The only record for the payment is that 2nd opposite party has written the amount received by him and his phone No. in the last page of the manual handed over by him to the complainant. Ex.A1 is the copy of manual marked by the complainant. Even for the legal notice, there was no reply from the opposite parties. The opposite parties neither installed the STB nor communicated in this regard.

6. The opp.party was served notice on 26.8.09 and 29.8.09 for the hearing, dt.25.9.09. The opposite parties did not appear either in person or through his counsel, and has not filed any version on his side till the expiry of statutory period.

7. The conduct of the opposite parties amounts to gross negligence and deficiency in service. Because of this the complainant has suffered. Hence the complainant is entitled to get necessary relief from the opposite parties.

8. In the result, we direct the opposite parties to refund Rs.1750 collected on 25.3.2009 to the complainant and to pay Rs.20,000 as compensation for mental agony and cost of Rs.1000/-to the complainant within one month from the date of this order failing which the complainant is at liberty to execute this order u/s.25 and 27 of the Consumer Protection Act, 1986.