ORISSA CONSUMERS ASSOCIATION Vs. SKY VIEW (HOME CABLE) ORTEL COMMUNICATION LTD.
ORISSA STATE CONSUMER DISPUTE REDRESSAL COMMISSION
ORISSA CONSUMERS ASSOCIATION
Sky View (Home Cable) Ortel Communication Ltd.
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(1.) MR . Justice R.K. Patra, President -In this complaint filed under Section 17 of the Consumer Protection Act, 1986, the complainants allege that the opposite party No. 1 has been charging excess price arbitrarily to provide TV cable service to the subscribers contrary to and in contravention of tariff prescribed by the Telecom Regulatory Authority of India (TRAI in brief). According to the complainants, this amounts to unfair trade practice.
(2.) COMPLAINANT No. 1 is a registered voluntary organisation. Complainants 2 to 5 are individual consumers. Apprehending that the contesting opposite party No. 1 might take objection to the maintainability of the complaint on the ground that more than one consumer are complainants, a petition was filed on their behalf under Section 12(1)(c) of the Consumer Protection Act seeking permission to pursue the complaint on behalf of numerous consumers of cable service. By order dated 3.1.2005 this Commission permitted the complainants to publish required notice. The complainants accordingly got the notice published in the newspaper. Pursuant to the publication the Orissa Jana Surakshya Mancha applied for being impleaded as a party to the complaint. Its prayer has been allowed.
(3.) THE Consumer Protection Act has been enacted to provide for better protection of the interest of the consumers. The rigours and restrictions contained in the Code of Civil Procedure cannot be extended to the proceedings under the Act. Its very purpose would be frustrated if the technicality is pressed into service in adjudicating a complaint. Therefore, we proceed to dispose of the matter holding that the joint complaint is maintainable.
The main grievance of the complainants is that the opposite party No. 1 who is a service provider has been raising service charges at frequent intervals arbitrarily and whimsically. It is also alleged that the programmes transmitted by it through its cable service are not clear and the transmission remains closed for a long period. The complainants assert that the TRAI has fixed tariff at Rs. 72 plus local taxes and the opposite party No. 1 in disregard of the TRAI's decision has been charging at Rs. 231 per month from January 2004.;
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