The burden of proof lies with the party asserting a claim, and failure to provide evidence can result in judgment against that party.

JUDGMENT

1. This petition, under Section 14, read with Section 14A, of the Telecom Regulatory Authority of India Act, 1997, as amended to date, (hereinafter referred to as ‘TRAI Act’), has been filed by Petitioner. DIGI Cablecomm Services Pvt. Ltd., against Dilip Rajak, sole proprietor of B.R Communication P-47, Swarup Kalika Place, Naskarhat, Ballygunge, Kolkata-700039, West Bengal, with a prayer for a Decree of Rs. 37,18,944/- (Rupees Thirty Seven Lakh Eighteen Thousand Nine Hundred Forty Four Only), towards outstanding subscription dues, and Rs. 1,34,63,965/- (Rupees One Crore Thirty Four Lakh Sixty Three Thousand Nine Hundred Sixty Five Only), towards the outstanding STBs rental, calculated at the rate of Rs. 55.66 per STBs, with a further direction for return of 13,000 STBs, along with Viewing Cards, remote control units, and other accessories, to the Petitioner, in good and working condition, or in lieu of same, to pay Rs. 2,60,00,000/- (Rupees Two Crores sixty lakhs), for above STBs and accessories. An interest, at the rate of 18% per annum, on above claimed amounts, in all those heads, be awarded.

2. In brief, the petition contends, that the Petitioner, is a company, registered under the provision of Indian Companies Act, 1956, and was involved as, Multi System Operator (MSO), having its presence, in and around the city of Kolkata, its peripheries, and also to various other districts in the State of West Bengal. It operates in many major cities of West Bengal, and has multiple placement agreements/definitive legal Memorandum of Understandings, with the Broadcasters/Distributors, for retransmitting their respective TV channel signals, to Local Cable Operators/affiliates, of Sub- Operators/MCR’s/ICO’s, affiliated to the Petitioner/subscribers, forming part of the Petitioner’s network. Mr Anirban Ghosh, is the authorized person, duly authorized by Petitioner’s Company, in its Board Resolution, dated 07.11.2016, to file petition, for and on behalf of petitioner Company, and this has been filed by him. The said Board Resolution, is Annexure P-1 to petition.

3. The Respondent is a cable operator, duly registered, under the Cable Television Network Regulation Act, 1995, and the rules framed thereunder, having its business, in DAS-I area of Kolkata, and is a cable operator, providing signals to its individual subscribers. The Respondent was availing signals from the Petitioner’s network and had also obtained Set Top Boxes from the Petitioner. Respondents had approached Petitioner, to avail the signals/services of petitioner, and the facilities so extended for the purpose of providing connection, through its cable network system, to its subscribers. Pursuant thereto, Petitioner and Respondent, entered into an inter-connect agreement, dated 19.04.2014, which authorized Respondent to receive the signals from the Petitioner, and to further transmit the same to its subscriber in the DAS-I area of Kolkata. The tenure of this agreement was of five years. The rate at which the Respondent was to pay subscription fee to Petitioner, was Rs.89/- per STB, exclusive of taxes. The STB rental rate was agreed at Rs 55.66 per STB, which is the rate, specified by the TRAI, in its Tariff