Compensation under unfair trade practice
pramod
(Querist) 24 November 2013
This query is : Resolved
Dear Experts,
A consumer complaint filed
before the respective Consumer Redressal Forum and pleaded compensation against deficiency of services for mental harassment. Present stage is for filing evidence affidavit. Complainant has further come to know AFTER GOOD PERUSAL that apart from deficiency of service which was mainly pleaded in the complaint that Opposite Party has committed unfair trade practice with Set Top Box and demanded unreasonable amount of monthly charges against the regulations and directions as per notification of TRAI Act. Further to add cable operator even miserable failed to comply the rules of his business operation as per The Cable Television (Regulation) Network Act 1995.
Hence I humbly request you before the respective Experts to guide me on the following questions as below;
1. Whether I can add at this point of time pleading of unfair trade practice at the moment in the complaint?
2. If so can I demand compensation under that ground UNFAIR TRADE PRACTICE over and above of the pleading of deficiency of services?
3. Whether Consumer Forum has the authority to impose penalty and compensation against the cable service provider?
4. If so whether this complainant receives that compensation so sanctioned?
Kindly advice Please,
Thanking you all in anticipation of correct legal guidance.
Devajyoti Barman
(Expert) 25 November 2013
Yes mention it in plaint. Even if you do not mention it is a case of deficiency of service which would entitle you to get compensation.
Yes it can.
yes
T. Kalaiselvan, Advocate 
(Expert) 26 November 2013
If you have not included this issue in the main complaint, you may add the relevant details in the proof affidavit and also take up the issue in argument.
pramod
(Querist) 28 November 2013
Respected Experts,
Sorry for delay in reverting back and thank you for your valuable reply.
Thank you
