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:
http://blog.guru/weblog/?p=69
“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.
Summary:
* 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:
Priyanka says
HI Ankur,
Just want to know that u filed case against Hathway Cable …Actually we are also facing some problem like this …Those Cable guys put our cable wire on 11000 Volt high votage wire and it came into our TV through Cable wire..Now our TV is not working coz PCB got burnt also picture tube also got some damage so we want to file case against them.
can u give me some more details abt this
Priyanka
Archer says
Hi, my case was on different grounds and was dismissed as for those proper evidence cannot be produced like for harassment, shifting of channels, etc and the opposite party did not appear in the court.
You should surely move the court, first have written correspondence with Cable company and demand the compensation for the expesnese incurred for getting the TV repaired from them… and only then move the consumer court, within the jurisdiction of which they are located.
Further also demand compensation of Rs 50,000 for mental agony and harassment…