If any one remembers, I filed a consumer case against Hathway Cable TV for not airing Zee English channel…. and the case was dismissed as the following issue arose:
“And in the Hathway case, nothing much is expected as Magistrate said they need a proof that Zee English was included in what I pay as monthly charges. Which is not possible to prove, as they dont provide anything in writing.”
Though I did not file the appeal, as channel was already available…. but still here is the proof that my claim was perfect… and there was no separate proof required for Zee English Channel 🙂
Following has been ordered by State Commission at Uttranchal :
Case: Star India Pvt Ltd V Vipin Semwal [II (2005) CPJ 385] – Stoppage of Transmission without alternative arrangements amounts to Unfair Trade Practice. Basically, this invloved stoppage of Star Plus Channel Transmission somewhere in Uttranchal.
* Consumers are prima-facie entitled to transmission in view of payment of their consideration.
* Complainants paying subscription for Star Network, not written on receipt filed by them, contention not acceptable — Name of any Network is never written on receipt.
* Cable operator charges consideration for all channels, which he is and is bound to transmit all Channels.
* Transmission cannot be stopped all of a sudden without any default of consumer by saying that we have changed our operator/distributor.
* Beneficiaries of services entitled to raise such disputes and claim relief even in absence of any privity of contract.
Parties: M/S New Prime Network, M/S Uttranchal Cable Network and M/S Blue Sky Digital Services (Uttranchal).
Last point points to the fact that we can directly sue the Channel provider, if he is at fault like in this case Star TV for sued. And ofcourse this is a better way, as I sued the Local Cable Operator only and he just ignored the case and the honorable court was unable to help much in the absence of appearance of opposite party.
In any case, I was very right in my contention, court should have atleast ordered the uninterrupted Transmission of this Channel, as was finally held in this case :thumb: