MSM DISCOVERY PVT. LTD. Vs. SAI COMMUNICATION NETWORK

JUDGEMENT

(1.) THE petitioner, M/s. MSM Discovery Pvt. Ltd., is a Distributor of channels. It has filed this petition against the respondent, Sri Sai Communication Network, who is a Multi System Operator (MSO) as contemplated under the TRAI Regulations, for recovery of Rs. 3,31,318/ - as dues of monthly subscription fees as on 11.11.2013. The respondent did not appear despite service of notice and hence, the petition has proceeded against it ex parte.

(2.) ACCORDING to the petitioner, the respondent had entered into a subscription agreement with it on 24.5.2013 for a period 1.4.2013 to 31.12.2013 vide which the petitioner was to retransmit the signals of the petitioner's channels in the areas as defined in the agreement. For this, the respondent was to pay it a monthly subscription of Rs. 92,560/ - (exclusive of taxes). The subscription fees were to be paid in advance by the 15th of every month and for overdue payments beyond 10 days from the due date, interest @ 18% was to be paid. Petitioner has been raising timely invoices on the respondent in terms of the agreement but the respondent has been continuously defaulting in paying the dues.

(3.) THE petitioner submitted evidence by way of affidavit of Mr. G. Rameshbabu, ASM of the petitioner company, and produced the witness for examination. The witness identified the affiliation agreement executed between the parties as Exhibit P -1, copies of the invoices raised by the petitioner as Exhibit P -2, copies of notices issued under clause 4.1 and 4.3 of the regulations as Exhibits P -3 and P -4, copy of the statement of account as Exhibit P -5, and the copy of legal notice dated 12.12.2013 as exhibit P -6.