BALJEET vs RAM SETTALITE SYSTEM

-THIS is an appeal directed against the order of the learned D.F. dated 7.5.1996 whereby the complaint filed by the appellant has been dismissed.

WE have heard the learned Counsel for the parties and have gone through the material available on the record. Facts are not largely in dispute. The respondent is a cable operator of T.V. Channels and the appellant is the consumer who was having the services of receiving channels on payment of Rs. 25/- per month after depositing an initial amount of Rs. 600/- as advance money. The grievance of the appellant has been that though the respondent promised to supply the viewing of the two channels D.D.I. and ATN, instead the respondent did not make arrangements for viewing the DD.II. although he agreed to pay Rs. 10/- extra per month but still channel D.D.II could not be viewed. He, therefore, approached the learned D.F. for refund of his advance money and claiming Rs. 10,000/- as compensation for mental agony etc. The learned D.F. held that there has been no deficiency on the part of the respondent, as there is no executed agreement between the parties.

We have given due thought and consideration to the matter. It appears that the dispute between the parties has arisen because of some hot exchanges between the parties in the background of the respondents'' inability to view the D.D.II channel. Be that as it may it is established that the cable connection was disconnected by the respondent on 2.7.1995 and that the appellant had also not paid rental for 3 months. In order to settle the dispute between the parties we consider that the ends of justice will be met if the appellant is allowed refund of a part of the amount deposited by him with the respondent as advance money. Consequently we allow a total amount of Rs. 300/- be refunded by the respondent to the appellant within one month failing which the aforesaid amount would carry interest @ 9% p.a. Cost on parties. Appeal disposed of.