ORDER
By Jayasree Kallat, Member
The petition was filed on 27.12.2010. The complainant had availed the service of the opposite party and taken connections from the Sun direct TV by paying Rs.1999/- as the installation charges. Opposite party had offered 130 channels viewer ship for Rs.75/-. The company had unilaterally withdrawn from showing more than twenty visual channels and the same quantity of radio channels. Opposite party No.1 had at the same time increased monthly rent from Rs.75/- to Rs.110/- . The complainant had make complaints to the opposite parties regarding this matter. Opposite party had informed him to go through the terms and conditions. The complainant alleges that they are not in a readable form. The terms and conditions are not legible. Complainant is alleging deficiency in service and unfair trade practice on the part of the opposite parties. Hence this petition is filed seeking relief.
Notice was issued to opposite party No.1 and 2. Even though notice was served opposite party did not appear before the forum or file any version. Hence opposite party NO.1 & 2 were called absent and set exparte.
The complainant had filed affidavit. Complainant was examined as PW1 and Exts.A1 to A3 were marked on complainant’s side. Ext.A1 shows the different offers given by opposite party No.1. Ext.A2 shows that complainant had taken sun direct TV connection from opposite party NO.2 on 08.08.2008. Ext.A3 is produced by the complainant which is supposed to be the terms and conditions of opposite party. The case of the complainant is that opposite party had withdrawn about twenty visual channels and the same number of radio channels as well. At the same time opposite party has increased the monthly rent. According to the complainant this is deficiency on the part of the opposite parties. From evidence and the Exhibits the forum is also of the opinion that there was deficiency on the part of the opposite parties. A perusal of Ext.A3 would show that the opposite party No.1 is indulging in unfair trade practice where by they are giving terms and conditions on their own which is not readable by any one else. Such terms and conditions can not be binding upon the customers who can not read or understand what these terms and conditions are. Hence we are of the opinion the complainant is entitled for relief.
In the result the petition is allowed and opposite party No.1 is directed to re-instate the withdrawn channels and also to print the terms and conditions in a readable way. The complainant is also entitled for a compensation of Rs.500/- (Rupees five hundred only) from opposite party No.1 and Rs.500/-(five hundred only) from opposite party No.2. The opposite parties are directed to comply the order within one month of receiving the copy of the order.
Pronounced in the open court this the 28th day of February 2011.
Date of filing:27.12.2010.
SD/-PRESIDENT SD/- MEMBER SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Different offers given by opposite party No.1.
A2. Sun direct TV connection taken by the complainant from the opposite party.
A3. Terms and conditions of the opposite party.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1. Krishnan (Complainant)
Witness examined for the opposite party:
None.
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
