1^st ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

First Appeal No.166 of 2022 Date of institution : 02.03.2022 Reserved on : 05.05.2023 Date of decision : 12.05.2023 Ajay Arora, aged about 44 years, son of Prem Chand, resident of H.No.8200/21, New Maya Nagar, Near Siddhivinayak Mandir, Haibowal Kalan, Tehsil and District Ludhiana, Punjab-141001.

(Aadhar No.4828 0235 3364) (Phone No.9417197274)

…..Appellant/Complainant Versus

1) M/s Fastway Transmission Pvt. Ltd., Lajjya Tower, Near EPF Building, Sham Nagar, Ludhiana, through its Director.

2) M/s Shalom Cable TV Network, 32, Sant Vihar, St. No.9, village Balloke, Ludhiana, through its Proprietor/Partner Lilly John.

3) Punjab State Power Corporation Limited, The Mall, Patiala, through its Chairman.

4) Executive Engineer, Punjab State Power Corporation Limited, Haibowal, U-II/52, Ludhiana.

….Respondents/Opposite Parties First Appeal under Section 41(1) of the Consumer Protection Act 2019, against the order dated 28.12.2021 passed by the District Consumer Disputes Redressal Commission, Ludhiana.

Quorum:-

Mr. H.P.S.Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellant : Sh. Shubham Gupta, Advocate For respondent No.1 : Sh.Gaurav Prabhakar, Advocate For respondent No.2 : Exparte For respondent No.3 & 4: Sh. Sukant Gupta, Advocate KIRAN SIBAL, MEMBER The instant appeal has been filed by the appellant/complainant against the order dated 28.12.2021 passed by District Consumer Disputes Redressal Commission, Ludhiana (in short, “the District Commission”), whereby the complaint filed by complainant against opposite parties (in short ‘OPs’), under the Consumer Protection Act, 1986, was dismissed.

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts for the disposal of the appeal are that the complainant on 19.04.2013, availed cable TV services from OP No.1 through OP No.2, who installed two set-top boxes against the payment of Rs.1900/- paid by the complainant. The complainant kept on paying monthly charges to OP No.2 for their services regularly. On 20.04.2015 at about 7:05 AM, electric supply/shock travelled through cable wire attached with the set-top boxes and resultantly both the set- top boxes, One Samsung Plasma TV, One Digital Video Recorder, one CCTV Camera and one Audio Video selector along with Audio Video Cables got damaged. The complainant immediately registered his complaint, with regard to the said incident, at customer care No.92170-92170 of OP No.1 vide complaint No.1496028. OP No.1 assured the complainant that issue raised by him would be resolved within 4 hours but the same was not resolved by them. The complainant again reiterated the said issue with OP No.1, but to no avail. Thereafter, the complainant conveyed his grievance to OP No.2, who visited the house of the complainant but did not bother to take any positive action. The complainant noticed that Amplifier installed by OPs No.1 & 2 to provide cable supply was hanging on the electric pole and thus the electric supply/shock travelled through cable wire, thereby resulting into damage of electronic equipments. OP No.2, on realizing about the negligence, immediately changed the location of hanged amplifier from said electricity pole to the another pole installed by the connect telecom company but refused to redress the grievance of the complainant. The complainant also got served legal notice upon OPs No.1 and 2 but all in vain. OPs No.3 and 4 allowed OPs No.1 & 2 to fix their amplifier with their electricity poles and never objected, therefore they are also liable to compensate the complainant on account of damages suffered by him. Alleging negligence and deficiency in service on the part of the OPs, the complainant filed the consumer complaint before the District Commission and sought directions against the OPs to pay Rs.50,000/- on account of damage caused to the