MSM DISCOVERY PVT. LTD. Vs. PALANI TALUK CABLE TV OPERATORS & OWNERS ASSOCIATION
LAWS(TD)-2015-3-5
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Decided on March 12,2015

MSM DISCOVERY PVT. LTD. Appellant
VERSUS
Palani Taluk Cable Tv Operators And Owners Association Respondents

JUDGEMENT

- (1.) THE Petitioner is a broadcaster in terms of the Telecom (Broadcasting and Cable Services) Interconnection Regulations, 2004. It has filed the present petition seeking recovery of outstanding dues to the tune of Rs. 4,61,020/ -. The Respondent is a Multi System Operator (MSO).
(2.) AN agreement for the supply of the petitioner's signals was executed between the parties on 11.07.2011. The period of this agreement was from 01.01.2011 to 31.12.2011. The agreement was for three bouquets of channels for a total subscription fee of Rs. 58,023/ - per month exclusive of taxes.
(3.) IT is the case of petitioner that respondent was a prior affiliate of the petitioner but its signals were deactivated on 13.01.2011 due to nonrenewal of agreement. The signals were re -activated on 21.05.2011 after negotiations were concluded for the agreement dated 11.07.2011. As per the petitioner, the respondent was continuously defaulting in paying the due subscription fees and the petitioner was constrained to issue notices under clause 4.3 of the Regulations on 06.08.2011 and clause 4.1 of the Regulations on 19.09.2011. The signals of the respondent were finally deactivated on 25.10.2011. As per the petitioner, the respondent owes it an amount of Rs. 4,61,020/ - as on 25.10.2011, the date of disconnection of signals. The petitioner served legal Notices dated 07.01.2012 and 02.03.2012 to the respondent and subsequently filed the present petition.;


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