Petitioner broadcaster sought recovery of subscription arrears from defaulting respondent cable operator. Tribunal decreed principal amount but allowed interest at 9% instead of contracted 24%.
Decree passed for recovery of Rs. 1,97,608/- as arrears; interest allowed at 9% past, pendente lite and future.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI
Dated- 03rd May, 2011
Petition No.240 (C) of 2010
Neo Sports Broadcasting Pvt. Ltd. …Petitioner
Vs.
Panchmukhi 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. Vishal Kumar, Advocate : None For Respondent
JUDGMENT
This petition was filed by the petitioner for recovery of the arrears of subscription fees due from the respondent herein.
petitioner has two 24x7 pay television sports infotainment channels commonly known as “Neo Cricket” and “Neo Sports”.
(ii) Copy of the Statement of Account for the period 01.10.2007 and 25.05.2010;
(iv) Copy of the Legal notice dated 20.03.2010;
(vi) Copy of some invoices;
(vii) Copy of the Newspaper “Times of India- Jaipur edition” to show publication of notice dated- 22.03.2011.
“I state that the aforesaid agreement was signed and executed between the parties and is a duly signed and a concluded agreement. The signals in terms of agreements were supplied continuously to the respondent by the Petitioner.
I state that despite agreeing to all the terms and conditions, the Respondent has continued to default in payment of the agreed subscription amount and has continued to default since inception despite receiving the services continuously and all the invoices from time to time as per the terms of the Agreement. The Respondent failed to pay any heed to the amounts mentioned in the invoices. The Respondent has made a single payment of Rs. 50,000/- on 31.05.2008 which has been accounted for. Copy of invoice dated 01.10.2007-01.10.2008 are marked as Exhibit PW 1/ 2-PW 1/15.”
It was also stated:-
“I state that the Petitioner has sent innumerable reminders and visited the office of the Respondent, asking them to clear the outstanding dues but to no avail. It is respectfully submitted that after entering into the said agreement, the respondent started committing defaults in making the monthly payments as per the terms of the Interconnect Agreement. The Petitioner submits that the total amount which was payable by the respondent to the petitioner of Rs. 1,97,608/alongwith interest of Rs. 97,910/- upto 25.05.2010 at the rate of 24% per annum and alongwith interest pendente lite until the date of filing the present petition and pendente lite until the payment of same. A copy of the statement of account detailing the outstanding amount payable by the respondent along with interest as on 25.05.2010 is annexed hereto and marked as Exhibit PW 1/16 .”
I state that the Log Report dated_______ in Univision Cables Network (sic) (Customer Code: CNRJBH0061) bearing VC Nos 4017716736 & 40177173875 for Neo Sports and Neo Cricket are annexed herewith and exhibited as Exhibit PW 1/17 .”
(G.D. Gaiha) Member
(P.K. Rastogi) Member
/AS/
2 issues framed by the court
Whether the respondent cable operator is liable to pay arrears of subscription fees due under the Interconnect Agreement.
Whether interest at 24% per annum as contracted is allowable or shall it be modified by the Tribunal.
1 provisions across 1 enactments
Neo Sports Broadcasting Pvt. Ltd.
Panchmukhi 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
