MSM DISCOVERY PVT. LTD. Vs. SAKSHI CABLE NETWROK

JUDGEMENT

(1.) THE petitioner, M/s. MSM Discovery Pvt. Ltd., is a Distributor of channels. It has filed this petition against the respondent, Sakshi Cable Network, who is a Multi System Operator (MSO) as contemplated under the TRAI Regulations, for recovery of Rs. 3,35,987/ - 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 10.4.2013 for a period 1.1.2013 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. 18,268/ -(exclusive of taxes). Thereafter, a supplementary validation form dated 2.8.2013 was executed between the parties, inter alia increasing the monthly subscription fees to Rs. 35,600/ - for the period between 1.3.2013 to 31.12.2013, 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. Earlier, the petitioner deactivated the signals of the respondent after following the procedure prescribed in law, on 9.1.2013 but subsequently, on the request of the respondent and upon it making certain payments, reconnected the same on 27.2.2013.

(3.) THE petitioner submitted evidence by way of affidavit of Mr. Ashish Udey, Territory Sales Manager of the petitioner company, and produced the witness for examination. The witness identified the affiliation agreement and supplementary validation form 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.