The Petitioner's entitlement to recover outstanding dues and STBs is affirmed, emphasizing the Respondent's breach of the Interconnect Agreement.

JUDGEMENT

1. This Petition, under Section 14 , read with A, of the Telecom Regulatory Authority of India Act , 1997 (As amended from time to time) (hereinafter referred to as “TRAI Act”) has been filed, for and on behalf of Petitioner - Den Networks Ltd., against ACN Cable Network (Joy Cable), with a prayer of award of sum of Rs. 70,768/- (Rupees Seventy Thousand Seven Hundred Sixty Eight only), towards outstanding subscription dues, payable by Respondent, as on 31.03.2016, with a further prayer for a direction to return 78 Set Top Boxes (STBs), issued by Petitioner to Respondent, along with all its accessories in good and working condition, or to make payment of Rs. 1,55,922/- (Rupees One Lakh Fifty Five Thousand Nine Hundred and Twenty Two only) at the rate of Rs. 1999/- per STB.

2. In brief, the contention of the Petition is that Petitioner is a Cable Television Service provider, duly registered under the provision of the Cable Television Networks (Regulation) Act , 1995 (hereinafter referred to as “Cable Television Act”) and is carrying on Distributor Platform Operator (herein referred as “DPO”) business. Respondent, ACN Cable Network (Joy Cable), is a Local Cable Operator (LCO), receiving encrypted Cable signal feeds of television channels from the addressable system of the Petitioner, to retransmit the same through its cable television network to the subscribers. It had entered in an Interconnect Agreement on 20.02.2015 (herein after referred to as “Agreement”), with the Petitioner for obtaining Cable signal feeds.

3. Petitioner raised daily invoices to the Respondent, for the payment of subscription amount collected from the subscribers. Respondent had assured Petitioner with regard to outstanding payment dues, but in spite of several reminders, it failed to make the payment of subscription amount. Rather, Respondent had moved to another competitive MSO, without giving any notice or complying the TRAI Regulations i.e., clearing the outstanding dues, payable by the Respondent to the Petitioner. As per Interconnect Agreement, obligations of Petitioner had been fully discharged, but, Respondent had defaulted in fulfilling its obligation as per agreement.

4. The Statement of Account, prepared in due course, in the usual business activities, has been Annexed with the Petition, which clearly shows that the Respondent is defaulter, resulting above outstanding dues. A demand notice, for payment of outstanding dues, and return of those number of STBs, were issued on 16.02.2016, which is annexed with Petition, but is of no avail. A cause of action had arisen within the jurisdiction of this Tribunal, compelling Petitioner to file this Petition for above relief.

5. In spite of sufficient service of notice, none appeared, nor any reply got filed. Hence, matter was proceeded ex-parte vide order dated 31.01.2024.

6. Evidence, by way of affidavit of Shri Siddharth Priya Srivastava, Manager of Petitioner Company, got filed by Petitioner with a specific contention that above witness is authorized representative of Petitioner Company to bring on record the facts and evidence of Petitioner. The same is in full reiteration of contention of the Petition. Outstanding subscription dues payable to Petitioner by Respondent as on 31.03.2016 was in tune of Rs. 70,768/- (Rupees Seventy Thousand Seven Hundred Sixty Eight only). 78 Set Top Boxes were supplied by Petitioner to Respondent for ultimate installation at subscribers’ end for re-transmitting the signals supplied by Petitioner to Respondent LCO.

7. As per Interconnect Agreement, dated 20.02.2015, executed in between, signal feed of television channels from the addressable sy