By. Smt. Renimol Mathew, Member:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to pay cost and compensation for the deficiency of service.
2. Brief of the complaint:- Complainant's father is the subscriber of Sun direct DTH for the last 4 years vide Smart Card No.41171673712. Complainant's house situated within the limit of Mananthavady service centre. In the month of July 2015 his receiver become defective and it is unable to get the channel program. When the complainant lodged a complaint before customer care, in response to the complaint they assured that the technician will come and check the complaint on payment of Rs.350/-. Then a technician contacted him and enquired about the complaint and requested the complainant to entrust the receiver to their service centre at Mananthavady. But this complainant informed his inability to entrust the same to the service centre because he is working at another district and his aged parents were alone at his house. Once again he lodged a complaint before customer care centre. Subsequently a technician attended the complaint and done some repair work in the absence of this complainant on receipt of Rs.150/- as service charge. But thereafter the complainant tried to switch on the TV set no picture was there. Again complainant contacted the technician but he could not receive any response. Hence filed this complaint alleging deficiency of service.
3. Notice were served to opposite party on 21.09.2015 but he has not appeared before the Forum till 30.10.2015. Hence Opposite party is set ex-parte and proceeded with the case.
4. On considering the complaint, affidavit and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the side of opposite party?
2. Relief and cost.
5. Point No.1:- Complainant filed proof affidavit and examined as PW1. Complainant alleged that opposite party ws deficient in providing service regarding the complaint reported before them. His Television receiver provided by opposite party became defective and lodged a complaint before opposite party. But opposite party was not attended the defects properly. Message obtained from the service centre at the time of lodging the complaint is marked as Ext.A1 to prove the case of the complainant. Further complainant argued that in the month of August he had paid Rs.610/- to recharge the connection but thereafter he had not availed the service from the opposite party. Even after repeated complaints opposite party not cured the defects positively. Once a technician of opposite party attended the complaint on receipt of Rs.150/- as service charge. But the complaint is still existing in the receiver and the complainant alleged deficiency of service from the part of opposite party and further argued that he is entitled to get back Rs.610/- the amount already paid in the month of August to the opposite party as monthly subscription and service charge of Rs.150/- that he had paid to the technician along with compensation. On going through the evidences and submissions we opine that nothing is there to disbelieve the case in the complaint. Opposite party have not given proper service to this complainant and not present to defend the case. Hence we opine that there is deficiency of service from the part of opposite party. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favour of complainant, he is entitled to get proper service from opposite party and also entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to attend the complaint and provide proper service to the complainant's Sun Direct Connection with immediate effect. Again opposite party is directed to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as cost of the proceedings to the complainant. This Order must be complied within month from the date of receipt of this Order, otherwise opposite party is directed to pay interest at the rate of 10% per annum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of November 2015.
Date of Filing:11.09.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Gireesh. A. K. (Affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Printout of Message.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
