Back
2015 Supreme(Online)(TDSAT) 48
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Mr. Aftab Alam, CJ, Dr. Kuldip Singh, Member
Media Pro Enterprise India Pvt. Ltd. – Appellant
Versus
Bhusawal Network, Maharashtra – Respondent
Petition No. 60 (C) of 2014|Petition No. 61 (C) of 2014|Petition No. 62 (C) of 2014|Petition No. 63 (C) of 2014|Petition No. 76 (C) of 2014|Petition No. 77 (C) of 2014|Petition No. 78 (C) of 2014|Petition No. 91 (C) of 2014|Petition No. 92 (C) of 2014|Petition No. 94 (C) of 2014|Petition No. 95 (C) of 2014|Petition No. 180 (C) of 2014|Petition No. 182 (C) of 2014|Petition No. 200 (C) of 2014
For the Appellants/Petitioners: Mr. Upender Thakur
For the Respondents: None
The court ruled that broadcasting agents cannot recover subscription fees without valid contracts, emphasizing the necessity of adhering to regulatory agreements in broadcasting services.
Headnote:(A) Telecommunication (Broadcasting and Cable Services) Interconnect Regulations, 2004 - Clause 4A - Petition concerning recovery of outstanding subscription fees by a broadcasting agent against cable operators - Petitioner claimed outstanding dues based on agreements but did not have material evidence to support the claims and regulatory compliance - Petitioner continued providing services post-agreement expiration without valid contracts. (Paras 11, 14)
(B) Claims barred by limitation - Petitioner failed to demonstrate dues on agreements’ termination date; claims dismissed due to lack of evidence and regulatory violations, imposing costs on the petitioner. (Paras 15, 16)
Facts of the case:
Petitioner M/s Media Pro Enterprise India Pvt. Ltd. filed multiple petitions against local cable operators for recovery of outstanding dues for subscription fees based on agreements with broadcasters, but the respondents did not appear in court.
Findings of Court:
The court found that regulatory directives were not followed, and there was no evidence of outstanding dues on the contract expiration dates, leading to dismissal of claims.
Issues: The key issues included whether the petitioner can recover dues without valid agreements and compliance with the regulations.
Ratio Decidendi: The court established that service continuation without a written agreement mandates dismissal of claims, stressing the importance of following regulatory frameworks in broadcasting.
Result: All petitions dismissed with costs.
ORDER
M/s Media Pro Enterprise India Pvt. Ltd., the petitioner, at the material time, used to be the agent and intermediary of several broadcasters, including M/s Zee Turner Ltd. (Zee) and M/s Star DEN Media Services Pvt. Ltd. (Star DEN) on the basis of agreements executed with the broadcasters. According to the averment made in the petition, it started its operations as their agent in July 2011. Before that the channels of the aforesaid two broadcasters were given to the distributors on the basis of agreements executed by the broadcasters themselves.
It has filed this batch of 14 petitions, each against a cable operator from whom the petitioner seeks recovery of different sums of money as dues of monthly subscription fees.
According to the petitioner, the 14 respondents (local cable operators) were receiving the signals from Zee and Star Den on the basis of agreements executed with them on different dates, on payment of different sums of money as subscription fees in terms of their respective agreements.
It is further the case of the petitioner that on the basis of agreements executed with the broadcasters, it took over the control and distribution of their channels and was also authorized by its principals to collect their outstanding dues from all the distributors, including the present respondents.
According to the petitioner, after assuming the role of agent and intermediary, it raised invoices against the respondents for payment of monthly subscription fees as also the past dues of the principal broadcasters. The respondents, however, failed to make payments against the invoices and as a result dues accumulated against all the respondents and for recovery of those amounts this batch of petition is filed.
None of the 14 cable operators, respondents in this batch of petitions, appeared despite service of notice. Hence, all the petitions in the batch were proceeded with ex parte .
As all the 14 cases are based on similar facts, with the exception of the amounts of money claimed and the date of disconnection of signals, all the 14 petitions were heard together and are being disposed of by this common order.
For the sake of convenience, the relevant facts pertaining to the 14 petitions are arranged in a tabular form which is reproduced below:
| S N | Pet. No. | Name of Respondent | Nature of dues | Date of Agree- ment | Period of the agreement | Amount due (Rs.)/As on | rate of interest on amount claimed | Date of disconn- ection of signals | Invoices and Statemen t of Account - PG no. | Witness deposition- Pg no. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| 1 | 60(C) of 2014 | Bhusawal Network, Maharashtra | Subs. fee | 20.05.10 (Zee Turner) and 26.06.09(Star Den) | 0 01.04.2010- 31.03.2011 (Zee Turner Page 9) 1.01.2009- 31.12.2009 (Star Den, Pg. 20) | 18,20,952.86/- As on 02/11/12 | 18% | 23.05.12 | 52–55 | Amiya Ranjan Pati (pg. no. 2, Para 5) |
| 2 | 61 (C) of 2014 | S.M Advertising, Pune. | Subs. fee | 0 1.06.10 (Zee Turner) and 08.12.10(Star Den) | 0 0 1.04.2010- 31.03.2011 (Zee Turner Pg. 9) 1.01.2010- 31.12.2010 (Star Den, Pg. 19) | 15,76,952.64/- As on 02/11/12 | 18% | 18.06.12 | 57 – 66 | Amiya Ranjan Pati (pg. no. 2, Para 5) |
| 3 | 62 (C) of 2014 | Narmada Cable Service (Vadodra) | Subs. fee | 01.06.09 (Star Den) | 0 1.01.2009- 31.12.2009 (Star Den, Pg. 10) | 15,91,065.66/- As on 02/11/12 | 18% | 17.04.12 | 41- 43 | Amiya RanjanPati (pg. no. 2, Para 4) |
| 4 | 63 (C) of 2014 | Rathore Network Pvt. Ltd. | Subs. fee | 15.04.11 (Star Den) | 15.04.2011- 31.12.2011 (Star Den, Pg. 10) | 6,47,392.38/- As on 02/11/12 | 18% | 17.04.12 | 35 – 38 | Amiya RanjanPati (pg. no. 2, Para 4) |
| 5 | 76 (C) of 2014 | Five Star Network (Vadodra) | Subs. fee | 09.04.11 (Star Den) | 01.01.2011- 31.12.2011 (Star Den, Pg.10) | 5,68,407.73/- As on 02/11/12 | 18% | 17.04.12 | 36–43 | Amiya RanjanPati (pg. no. 2, Para 4) |
| 6 | 77 (C) of 2014 | Nileshwar Cable TV Network (Kasaragod) | Subs. fee | 19.05.09 (Star Den) | 01.01.2009- 31.12.2009 (Star Den, Pg.10) | 6,66,362.79/- As on 02/11/12 | 18% | 23.05.12 | 42- 43 | Amiya RanjanPati (pg. no. 2, Para 4) |
| 7 | 78 (C) of 2014 | Tara Cable Network, Satara | Subs. fee | 10.08.10 (Star Den) | 01.01.2010- 31.12.2010 (Star Den, Pg.9) | 6,24,762.63/- As on 02/11/12 | 18% | 19.04.12 | 42 – 45 | Amiya Ra |
