Petition No. 127 (C) of 2014. Case: MSM Discovery Pvt. Ltd. Vs Ambala Communication Pvt. Ltd. TDSAT (Telecom Disputes Settlement & Appellate Tribunal)
| Case Number | Petition No. 127 (C) of 2014 |
| Counsel | For Appellant: Azmat Amanullah, Advocate |
| Judges | Aftab Alam, J. (Chairperson) and Kuldip Singh, Member |
| Issue | Media and Communicational Law |
| Judgement Date | July 08, 2015 |
| Court | TDSAT (Telecom Disputes Settlement & Appellate Tribunal) |
Order:
Kuldip Singh, Member
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The petitioner is seeking recovery of an amount of Rs. 71,60,165/- from the respondent which, as per it, is outstanding dues on account of subscription fees.
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The petitioner is a broadcaster in terms of the Interconnect Regulations 2004 (as amended from time to time). The respondent is a Multi System Operator (MSO) under the regulations operating in the town of Ambala.
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The parties entered into a subscription agreement dated 7.7.2010 for a period from 1.4.2010 to 31.12.2010. As per the agreement, the agreement shall be automatically renewed on the same terms and conditions provided therein for successive years starting from 01st January and ending on 31st December of the following year unless terminated. Clause 4 pertaining to the term, is as under:
"4. Term: Subject to the standard terms, the term of this Agreement shall begin on the Start Date set forth on page 1 hereto and end on the immediately following December 31 (the "Initial Term"). This agreement shall be automatically renewed on the same terms and conditions provided herein for successive years starting on January 1 and ending on December 31 of the following year unless written notice of termination is provided by the distributor to Affiliate no later than 1st November of that year. As used herein, "Term" shall mean the Initial Term together with any renewal thereof."
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The agreement between the parties was on a subscriber base of 3523, for which subscription fees of Rs. 5,55,357/- (exclusive of taxes, Rs. 6,12,498/- with taxes) was to be paid.
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On 27th January 2011, the respondent herein filed a petition being Petition No. 61(c) of 2011 (Ambala Communication Network Pvt. Ltd. Vs. MSM Discovery Pvt. Ltd.) in this Tribunal praying, inter-alia, for the following reliefs:
(a) Direct the Respondent to enter into a subscription agreement for the year 2011-12 with the Petitioner on such negotiated terms and conditions as per the Regulations after giving due reduction for the channels which have already left the bouquet of the Respondent.
(b) Direct the Respondent to reconcile the accounts of the Petitioner and give due credit for the channels which have already left the bouquet of the Respondent.
(c) Direct the Respondent to stop imposing channels more particularly the NEO Sports bouquet of channels on the Petitioner which the Petitioner does not require.
(d) Declare the invoice dated 07.12.2010 as unreasonable and not due from the Petitioner.
(e) Restrain the Respondent from in any manner interfering/disrupting or disconnecting the signal services being provided to the...
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