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TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL

NEW DELHI

Dated 9^th January 2023

Broadcasting Petition No. 739 of 2020

Den Networks Limited

…Petitioner

Vs.

Lakshmi Gold Khazaanaa Pvt. Ltd.

…Respondent

BEFORE:

HON’BLE MR. JUSTICE RAM KRISHNA GAUTAM, MEMBER

For Petitioner

:

Mr. Vibhav Srivastava, Advocate

For Respondent

:

Mr. Anil C. Nishani, Advocate

JUDGMENT

1. This Petition, under section 14 read with 14A of Telecom Regulatory

Authority Act, 1997 (hereinafter called as ‘TRAI Act’), has been filed by

Petitioner- DEN Networks Ltd. against Respondent- Lakshmi Gold Khazaanaa

Pvt. Ltd. with a prayer for order to Respondent to make the payment for a

sum of Rs. 4587591/- (Rupees Forty Five Lacs Eighty Seven Thousand Five

Hundred and Ninety One only), due as on 31.01.2019, towards placement

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charges, along with pendentelite and future interest at the rate of 18% per

annum, from the date of invoices, till the actual realization and other relief,

which this Tribunal deems fit.

2. In brief, the contention of Petition is that Respondent-Lakshmi Gold

Khazaanaa Pvt. Ltd. is a broadcaster and it entered in an agreement with

regard to placement of their Channel ‘TV1 News’, from 04.04.2018 till

03.04.2019, with Petitioner-Multi System Operator (MSO), carrying on its

business of Multi System Operation, for a consideration, written in

agreement, annexed as Annexure P-1 to the petition. This Channel was placed

by Petitioner in its compliance of above agreement, Annexure P-1. But

Respondent had defaulted in meeting with their obligations, towards the

Petitioner, resulting in dues of Rs. 4587591/- (Rupees Forty Five Lacs Eighty

Seven Thousand Five Hundred and Ninety One), as on 31.01.2019.

Respondent had illegally enriched itself at the cost of Petitioner, whereas

Petitioner had fulfilled its obligation under above Agreement. Channel

Placement Agreement was fully complied by Petitioner, but the payment was

withheld for placement fees of “TV1 News” Channel by Respondent, resulting

in financial loss, due to act of omission and commission, for and on behalf of

Respondent. A demand notice was issued and it was served in accordance

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with invoices, raised before it, to Respondent for making payment of

placement charges. Respondent used to make off and on payment to the

Petitioner. The copy of invoices, along with statement of account, maintained

by Petitioner Company, were annexed as Annexure P-2 (Colly) and Annexure

P-3 respectively to the Petition. The Petitioner raised invoices regularly, for

which Respondent promised that the dues will be cleared soon, but default

was continued. Hence, a demand notice, dated 27.11.2020, for outstanding

dues, to be paid by Respondent, was issued and it is Annexure P-4 to the

Petition. The total outstanding liability of the Respondent, under agreement,

is Rs. 4587591/- only as on 31.01.2019, for which, repeated demand and

request was made with the Respondent. But it was of no avail. Hence, this

cause of action had arisen and as per provisions of TRAI Act 1997, this Tribunal

is with due jurisdiction for deciding this dispute.

Hence, this Petition with above prayer.

3. The written statement by Respondent was with specific mention of

denial with regard to dues of Rs. 4587591/-, said to be due as on 31.01.2019,

against Respondent and no cause of action had ever arisen. The contention of

Para 6(a) was admitted to be true. But Para 6(b) was a matter of document.

The contention of Para 6(c) of Petition was true to the extent that Respondent

is a broadcaster as per Telecom Regulatory Authority of India Regulation and

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was distributing satellite Channel ‘TV1 News’ and an agreement for the period

of 04.04.2018 to 03.04.2019 was executed in between and this agreement is

Annexure P-1. But the Petitioner failed to give proper services as agreed

upon, resulting in the deficiency of service. The placement of Channel of

Respondent’s“TV1 News”,