The Hindu : Andhra Pradesh / Visakhapatnam News : Provide channels of choice, cable network told CONSUMER NOTES

Online edition of India's National Newspaper
Saturday, Jul 07, 2007
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Andhra Pradesh

Andhra Pradesh - Visakhapatnam

Provide channels of choice, cable network told CONSUMER NOTES

Prabhakkar Sharma

Despite payment, operator failed to deliver

VISAKHAPATNAM: The Visakhapatnam District Consumer Forum-I has directed a cable operator in the city to provide channels sought by a consumer and collect the charges as per the package amount offered with the consumer bearing the coast of set-top box and giving option.

It further ordered compensation of Rs.500 and litigation costs of Rs.500 for deficiency in service and unfair trade practice.

A resident of VUDA Apartments in MMTC Colony in the city, Taddi Satya Prasad, is subscriber of FM Cable Network of HB Colony in Seethammadhara area. The latter was providing 54 channels initially when the consumer took the connection by paying advance amount and regular monthly subscription. The cable operator increased subscription rates from time to time by stating he was relaying 70 channels and some of them were pay channels.

But after taking payment, the operator failed to relay the channels in spite of repeated demands by the consumer. On the other hand, he frequently changed from Excel network to SitiCable and Cable Vision by stating that the earlier network was not providing the promised number of channels.

When the consumer complained that the operator relayed channels other than opted and unnecessarily burdened the consumers and demanded all the channels as promised, his service was disconnected. This prompted the consumer to file a complaint (780/2004) against the cable operator for reconnection, providing channels sought and damages and relief.

The opposite party (OP) remained ex parte.

President of the Forum-I Y. Dhilleswara Rao and members G. Viswanatha Reddy and D. Suseela, in their verdict noted the order passed by the State Consumer Disputes Redressal Commission, Hyderabad in 2004 which said that “when groups of consumers seek a direction with respect to pricing and any unfair trade practices of cable operators, they should approach TRAI” and further stated that as per TRAI notification of Dec. 1, 2004, the rates prevalent as on December 26, 2003 should be collected along with an additional seven per cent.

In view of this, the Forum felt it proper to direct the OP to collect Rs.150 a month plus seven per cent which worked out to Rs.160-50 a month. “Above all, when the OP is offering different packages for relay of different channels, then it should adhere to the complainant’s subscribed package meticulously. The OP cannot overburden the complainant by supply of the channels which are not covered in the package subscribed by the complainant.

The act of the OP amounts to deficiency in service and also unfair trade practice as it collected excess amount in spite of the direction of the State Commission,” the Forum observed, while directing the OP to provide the channels sought and awarding compensation for mental agony and costs.

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