- (1.) The appellant, a company incorporated under the Companies Act, 1956 and engaged in the business of broadcasting its news channel 'Raftaar News' had entered into an agreement as the respondent who was providing the up-linking facilities and transponder services to the appellant from its gateway at Greater NOIDA. The agreement lays the stipulation for payment of charges amounting to L 4,80,000/- (Rupees four lac eighty thousand only) per month for the services provided by the respondent. As there was default, the Respondent No.1 disconnected the satellite services.
(2.) Challenging the disconnection, the appellant approached the Telecoms Disputes Settlement Appellant Tribunal (TDSAT) for seeking reconnection and also damages because of such disconnection. The respondent, in its turn, filed a counter claim for realisation of the outstanding dues amounting to L 27,97,318/- (Rupees twenty seven lac ninety seven thousand three hundred and eighteen only) along with interest @ 18% per annum. The TDSAT, on the basis of the material brought on record and upon hearing the learned counsel for the parties, opined that the disconnection was justified inasmuch the appellant was put to notice by the service provider. That apart, it also held that the disconnection had been done in terms with the stipulations in the agreement and the claim of the company for damages was absolutely unjustified.
(3.) Adverting to the counter claim lodged by the respondent, the TDSAT referred to the amount due from the appellant, various cheques issued from time to time, the clauses in the Memorandum of Understanding and opined that it was entitled to L 25,60,006/-. Thereafter, the TDSAT referred to clause 16(c) which reads as follows :- "The Broadcaster agreed to make the payment promptly and not later than 15 days of the due date. In case of delay in payments, the Broadcaster shall be liable to pay interest @ 18% per annum." ;