KAL CABLES PVT. LTD. Vs. SAKTHI SEVENTH CHANNEL AND ORS.
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Kal Cables Pvt. Ltd.
Sakthi Seventh Channel And Ors.
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Aftab Alam, J. (Chairperson) -
(1.) M /s Kal Cables Pvt. Ltd., is a company incorporated under the provisions of the Companies Act, 1956 and is working as a multi -system operator. The respondent is a partnership firm and is engaged in the business as a local cable operator in the name of M/s Sakthi Seventh Channel. The petitioner has filed this petition against the respondent for recovery of Rs. 2,86,535/ - as dues of monthly subscription fee.
(2.) THE respondent did not appear despite service of notice and hence, the petition has proceeded against it ex parte. According to the petitioner, the respondent entered into a subscription agreement with it which was to remain in force for a period of 7 years from 20 October 2010, the date of its execution by the two sides. Under the agreement, the respondent was to receive certain TV channels from the petitioner on payment of Rs. 42,180/ - (excluding taxes), calculated @ Rs. 111/ - on the fixed subscriber base of 570.
(3.) IT is further the case of the petitioner that in terms of the agreement, the petitioner continuously provided signals to the respondent's network till 2 September 2011 and the respondent continuously enjoyed the signals of TV channels from the petitioner's network upto 2 September 2011. During this period, the petitioner was regularly raising invoices for payment of the monthly subscription fee but the respondent was quite irregular in making payments and as a result, the outstandings accumulated to Rs. 2,86,535/ - as on 2 September 2011.;
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