Appellate Tribunal allowed a petition for recovery of Rs. 3,31,963/- as arrears of subscription fees under a cable television agreement, directing interest at 9% per annum.
Petitioner allowed to recover sum of Rs. 3,31,963/- with interest at 9% p.a. from dates dues fell due.
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TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL,
NEW DELHI
Dated- 15th July, 2011
Petition No.173 (C) of 2011
M/s. Indian Cablenet Company Ltd. …Petitioner
Vs.
M/s. Friends Cable Network …Respondent
BEFORE:
HON’BLE MR.JUSTICE S.B. SINHA, CHAIRPERSON
HON’BLE MR. G.D. GAIHA, MEMBER
HON’BLE MR. P.K. RASTOGI, MEMBER
For Petitioner
: Mr. Tejveer Bhatia, Advocate
ORDER
The petitioner has filed this petition for recovery of a sum of Rs.3,31,963/- against the respondent herein towards non-payment of the subscription fee payable in terms of an agreement for the period upto 28.02.2010.
Page 1 of 6
However, an invoice for sum of Rs. 38,843/- only was raised and served upon the respondent for the period 16.09.2009 to 30.09.2009.
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A notice was sent to the respondent by the Registry of this Tribunal. The petitioner was also permitted to serve the respondent in dasti.
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published in two newspapers i.e “Times of India” and “Prabhat Khabar” on 19.05.2011.
The date of hearing was fixed on 08.07.2011 for which another notice was also directed to be issued by the Registry.
The said order has also been compiled with.
He, in his affidavit, stated as under:-
“4. I state that the petitioner entered into subscription agreement with the respondent on 21.08.2009 for supply of channels/signals of various broadcasters to the respondent. I state that in terms of the said agreement, the respondent was obliged to provide a list of its subscribers with their names, addresses and other relevant information. I state that under the subscription agreement dated 21.08.2009, the respondent was to pay monthly subscription fee/charges to the petitioner on the basis of the number of subscribers disclosed by the respondent to the petitioner. Copy of the subscription Agreement dated 30.10.2008 is exhibit as EXHIBIT PW1/1 (Pages9-31 of the paper book).
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5. I state that despite availing the signals and receiving the invoices, the respondent has failed to deposit/pay regular subscription charges and its arrears to the petitioner which has resulted in huge outstanding of Rs. 3,31,963/-.
6. I state that the respondent was continuously availing the cable signals being provided by the petitioner. I state that respondent, although continued to receive the cable signals from the petitioner, however, in a completely malafide manner consistently made defaults in payments of the regular monthly subscription charges along with arrears for which the respondent is liable to make good the dues.
The respondent despite service of demand notices did not respond thereto. The petitioner has also proved the statement of accounts maintained in regular course of business.
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There shall however, be no order as to costs.
(S.B. Sinha)
Chairperson
(G.D. Gaiha)
Member
(P.K. Rastogi)
Member
/AS/
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2 issues framed by the court
Whether the petitioner is entitled to recover arrears of subscription fees amounting to Rs. 3,31,963/-.
Whether the petitioner is entitled to interest on the outstanding amount.
M/s. Indian Cablenet Company Ltd.
M/s. Friends Cable Network
S.B. Sinha
G.D. Gaiha
P.K. Rastogi
As recorded by the court registry
A petition before the Telecom Disputes Settlement and Appellate Tribunal in a broadcasting or cable-distribution dispute.
Judgements on the same questions, provisions and authorities, from every court
