By Smt. C.S. Sulekha Beevi, President,<br /> 1. According to the complainant he availed the cable connection service rendered by opposite party for almost five years. The initial rent was Rs.100/- per month. The rentwas increased severaltimes on increase in number of channels. From 2007 March onwards the rent was fixed as Rs.140/- per month. Thereafter complainant requested for disconnection and refund of advance paid. Oppposite parties disconnected the service but has not repaid the advance. He intends to take DTH connection. This complaint is filed aggrieved by the non refund of advance amount.<br /> 2. Opposite party has filed version. Opposite partyadmits complainant was a consumer of his cable service. Opposite party denies the allegations regarding increase in rent and receipt of advance. At the time of availing the service opposite party has received only Rs.300/- as installation charges. Complainant was a defaulter in payment of rent. The service was disconnected only on request made by complainant. Opposite party is ready to provide connection if complainant remits the necessary charges. This complaint is filed to extract money from the opposite party illegally to met the expenses to take DTH connection. Complaint is liable to be dismissed.<br /> 3. Ext.A1 marked on the side of complainant. Both sides have not filed any affidavit. No documents marked on the side of opposite party. The points that arise for consideration are (i) Whether opposite party has committed any deficiency in service. (ii) Reliefs and costs.<br /> 4. The undisputed facts of this case are that complainant was a consumer of the cable service rendered by opposite party and that it was disconnected in March, 2007 on request of complainant. Complainant is aggrieved by the non refund of advance paid at the time of availing the cable service connection. It is not stated in the complaint what is the sum paid by him as advance. There is no averment that opposite party had assured to pay back any sum in the event of disconnection. No document is produced by the complainant to show that he has paid any sum to opposite party as advance as initial lumpsum payment. Ext.A1 is the consumer card. On the reverse side of Ext.A1 the conditions of cable service are printed. Nothing is stated about payment of advance. Opposite party submits that he has received Rs.300/- at the time of giving connection. This amount is collected expenses of cable wire and connection charges. On the fifth condition states that initial installation charges will not be refunded. Complainant has not put forward any evidence to prove that he has paid any advance or that he is entitled to refund of any amount. He has failed to prove any case in his favour. We have no dispute to hold that opposite party has not committed any deficiency in service.<br /> 5. In the result, complaint dismissed with no order as to costs.<br /> Dated this 19th day of November, 2007.<br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1<br /> Ext.A1 : Consumer card.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />