JUDGMENT

1. The present Petition, under Section 14, read with Section 14A, of the Telecom Regulatory Authority of India Act, 1997, (hereinafter referred to as “TRAI Act”), has been filed, by Kal Cables Pvt. Ltd.- Petitioner, against Mrs. T.S. Padmavathy, Proprietor, M/s. Kurinji Network, Chennai, Respondent, for a decree in the tune of Rs. 7,36,500/- against the cost of Set Top Boxes alongwith interest thereon @18% per annum with effect from 24.01.2017 and Rs. 27,40,270/- towards compensation, on account of premature delinking of the signals of Petitioner network with the Respondent, within the lock-in period of 7 years from the date of Interconnection Agreement, dated 24/02/2015, along with interest, @ 18% per annum, with effect from 24/01/2017, with a further prayer, for a direction to the Respondent to return, the Set Top Boxes (STBs), 447 SD Set To Boxes and 22 HD Set Top Boxes (STBs), along with paired viewing cards, Remote controls and AV cords, in good and working condition to the Petitioner, and in case of failure, to make payment of compensation for them.

2. In brief, the Petition contends that the Petitioner is a Multi System Operator (MSO), having its Office at No. 229, Kutchery Road, Mylapore, Chennai-600004. It is a Company incorporated under the provisions of “The Companies Act, 1956” and is a Multi System Operator (MSO), as per definitions, envisaged in Regulation 2(s) of The Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable Television Systems) Regulations, 2012. Shri J. Rajesh is the General Manager of the Petitioner Company, who is duly authorized to file the present Petition, for and on behalf of Petitioner Company, vide its Board Resolution, dated 31/03/2015, which is Annexure P-2 to the Petition. The Respondent, Mrs. T.S. Padmavathy, is the Proprietor of M/s. Kurinji Network, Chennai, a cable operator, LCO involved in cable operator business, within the meaning and definition, provided under Regulation 2(k) of the said Interconnection Regulations of 2012, and distributing its signals to the end consumers, within the parts of Chennai, particularly detailed in the Petition.

3. The Petitioner, MSO, is engaged in the business of distribution of television channels in digital mode. The Petitioner and Respondent entered into an Agreement, dated 24.02.2015, with two options, (1) revenue sharing in accordance with the proportion stipulated by the Tariff Order of the Authority (TRAI), or (2) special revenue sharing arrangement, on mutually agreed basis, on an assurance of a minimum lock-in period of 7 years, and this Respondent adopted the second option. An addendum, was entered, in between, the parties on 26.02.2016, wherein Respondent agreed to pay a sum of Rs. 42,158/- per month, as minimum guarantee fee as fixed subscription amount for Set Top Boxes up to 433 numbers. As per this Interconnection Agreement, the Petitioner is the absolute owner and right holder for the Set Top Boxes along with its accessories because as per this arrangement, the set top boxes and viewing cards along with its accessories, shall remain as an exclusive property of the Petitioner at all times, and in case of termination of the arrangement/ agreement, in between the parties, the Petitioner shall be entitled to recover the Set Top Boxes, Viewing Cards, Remote controls and accessories or to claim damages for the same. Besides this, the Petitioner was also entitled to recover charges/ damages for pre mature delinking or termination of agreement by the Respondent, before the expiry of Lock-in period of 7 years, as per clause 13.6 and 13.7 of the Interconnect Agreement, executed, in between the parties.

4. The Respondent was using, 447 number of Standard Definition (SD) Set Top Boxes with other 22 number of High Definition (HD) Set Top Boxes, along with its accessories i.e. in total 469 number of STBs, absolutely on free to use and “use and return basis”. As per this Interconnection Agreement, th