MSM DISCOVERY PVT. LTD. Vs. MAA BHAWANI CABLE NETWORK
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
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Aftab Alam, J. (Chairperson) -
(1.) MSM Discovery Pvt. Ltd., the petitioner, is a broadcaster and its supplies its TV channels, for consideration, to MSOs for further distribution and re -transmission. It has filed this petition against, Rajmoti Network, a sole proprietorship concern, operating as a multi -system operator, from whom the petitioner seeks recovery of Rs. 5,29,063/ - as dues of monthly subscription fees.
(2.) THE respondent did not appear despite service of repeated notices and hence, the petition was proceeded ex parte. According to the petitioner, it had entered into a subscription agreement with the respondent on 4 June, 2013 for retransmission of its TV channels in some parts of Diu on payment of an agreed lump sum amount of Rs. 60,000/ - (exclusive of taxes) as monthly subscription charges. The subscription agreement was for the period 01.04.2013 to 31.12.2013.
(3.) IT is the case of the petitioner that the respondent was irregular in payment of its monthly subscription fee and defaulted in the monthly payments and as a result arrears of subscription fees amounting to Rs. 5,29,063/ - became due from it. It is further the case of the petitioner that the respondent did not pay its dues despite repeated reminders and hence, left with no other option, the petitioner issued a notice dated 01.03.2013 under clause 4.1 of the Interconnect Regulations. However, the respondent chose not to respond to the said notice as well. The petitioner thereafter published public notices dated 02.03.2013 under clause 4.3 of the Regulations in the two leading local newspapers; viz (i) The Pioneer (English) and (ii) Swatantra Chetna (Regional). However, according to the petitioner, neither any payment nor any response was received from the respondent and therefore, the petitioner deactivated its signals to the respondent on 31.01.2014. The petitioner thereafter sent a legal notice dated 18.02.2014 to the respondent demanding its outstanding dues but to no avail. Hence, the petitioner was constrained to file this petition before the Tribunal.;
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