The state consumer disputes forum has directed satellite television broadcaster Tata Sky to compensate a complainant by paying over ₹60,000 after it was alleged that the HD boxes provided by the company failed to broadcast the channels as promised by the company.
Stating that the consumer was entitled to compensation, the consumer panel observed, “A person who is unable to avail of the facility despite payment of service charges for the whole year in advance, is bound to have frustration and mental tension which cannot be proved by tangible evidence. Such type of injury has to be assessed by common sense.”
Following the observations, the company was directed to pay ₹50,000 as compensation for pain and mental agony caused to the complainant. The service provider was also directed to refund an amount of ₹9,700 paid by the complainant for the annual subscription and an amount of ₹8,950 which he paid to avail services of an alternative service provider.
The directions came when city resident Hemant Gupta moved the consumer panel while alleging that a day after the installation of two HD boxes by the company, the same started malfunctioning. “He [complainant] complained at the customer care centre as well as through various emails but all in vain. When the company failed to redress his complaint, he shifted to service of Airtel...due to non providing of HD channels by the company. The complainant had to shift his connection merely within three months of installation,” the consumer panel observed while noting the allegations in the complaint.
The Bench further added, “The factum of shifting to another service provider and that too within a short span of three months shows merits of the claim.”
Noting a response from the service provider that mentioned upgradation of the system for “better services in the coming days,” the Bench observed, “The reply contains an admission on the part of the company that there was some problem in providing service. That is why it was upgrading the system for better services in the coming days.”
