AI Structured Summary
Not yet generated for this judgment
Judgment
Draft Issues have been filed on behalf of the parties which are available on record of the case. Heard the learned counsels appearing on behalf of the parties and perused the record of the case and, in the light of the material available on record of the case, the following Issues are settled:
ISSUES
Whether the Petitioner is entitled to a decree restraining the Respondent from interfering with the channel packaging of the channel `TV5 News' from its network in any manner in conflict with Regulation-11(1) of the Quality Service Regulations, 2017 of the TRAI ?
Whether the Respondent has illegally removed the channel of the Petitioner, namely `TV5 News' from the Basic Service Tier Package / FTA1 package available on the Respondent's network ?
Whether the Respondent's shifting of Petitioner's free to air news channels to a new package designed by the Respondent for the convenience of its subscribers after issuance of prior notice as per the Regulations is illegal in any manner ?
Whether the Respondent has failed to comply with the TRAI Regulations-11(1) and (2) of the Quality Services Regulations, 2017 by not running scrolls on the channel of the Petitioner and the Customer Care Programming Service prior to the change of package / bouquet in the Respondent's network ?
Whether the Respondent has failed to comply with the Regulations-15 and 16 (2) of the TRAI Regulations, 2017 by not giving any notice for disruption in its network ?
Whether the Respondent has failed to comply with the Clause-7(g) of the Tariff Order, 2017 ?
Whether the Petitioner is entitled to a decree by way of direction to the Respondent for execution of a Carriage Reference Interconnect Offer Agreement with respect to the channel `TV5 News' ?
To what other relief / reliefs the Petitioner is entitled to ?
Four weeks time is prayed and allowed to the Petitioner to file their evidence affidavits. The Respondents may file its evidence affidavits within four weeks thereafter. Let the matter be listed for directions on 21st March, 2023.