How can I know about the Cable TV subscribers rights in India?Do providers decide always on their convenience?
In Kerala ( where I live) there is only one private cable service provider.. hence there is monopoly. When we upgraded to digital tv connection lot of channels were shown in the list. Due to some cispute with the some channels now we are getting very few hindi chaneels to watch and most are low TRP / repeat telecast channels ( Except a few) . I want to complaint but with entire info on subscribers rights in India. Is it not mandatory for them to inform thier subscriber about any such change. The easiest will be to disconnct but I don't want to do that rather I will take up the matter. So please let me know if you knwo the source of rule and regulations that Cable TV service providers should follow. More than channels... I want to take up the matter about the attitude and also information to the subscribers.
Answers:
Unfortunately there are no rules. 10 years ago, small cable operators, who were neighbourhood people, had a dish antenna and provided service,and they were accessible to actual users and were responsive to the demand of subscribers for particular channels tuning the direction of the antenna. With Multi system operators, now in the fray, cable operators do not have any say and they are functioning as agencies, to enrol subscribers, collect monthly payments and attend to any cable fault. The charges range from Rs.100 to Rs.350 in different places.
Your predicament is understandable.There are no rules under any statute governing the telecast of channels by MSPs .At will, they change. Irate cusomers' complaint, upon their desired channel off the air, suddenly, can not evoke any response from the cable operator, who is equally helpless.
You may recall that the standard religious channel "Maharishi Veda Vision" , which was totally advertisement free, and telecast from 0500 hrs to 2400 hrs, providing an authentic account of various aspects of Hinduism, suddenly was off the air from 25-12-2001, with no explanation replaced by Sanskar and Astha, which are exclusively Hindi, and advertisement driven.
There is a warfare going on eternally amongst all parties involved. Cable operators don't give a true account of cable connections. In most of the places, there is not even a receipt or cable subscription card (not to speak of any agreement between the consumer andthe cable operator), and thus no documentary proof of subscripion. They actually give a lesser no. to the MSOs who are to pay the Pay Channels, on subscriber based sharing. On sales tax, and entertainment tax front with the State governments and on service tax front with the Central government, wranglings are going on. The subscribers are sufferers, with no remedial forum.
It is time for proper regulations in place. But no concerted movement is in sight and so no remedy too is possible for several years to come. None bothers about preferences of consumers.
My suggestio in the given circumstances would be:
If a channel is telecast for quite some time say six months continuously, viewed by a subscriber, and suddenly taken off the air, with no explanations, the following can be tried:
Issue a notice to the cable operator and the MSO, to whom the former is affiliated, by registered post AD or email only. Mention clearly, the grievance in small sentences, sequentially and chronologically. Demand remedy giving a notice period of 15 days. In the event of no reply, or negative reply, or no remedial measure being taken, file a complaint with the consumer forum , properly drafted. Pray for specific performance of restoration of channel and also a compensation of say Rs.100/- per day of default, for loss of mental comfort and pleasure and satisfaction of viewing the channel removed, mentaldiscomfort caused, deprivation of knowledge and useful information and intellectual enrichment from the channel. The case may be decided, in favour, if properly argued on the basis of deficiency of service, by denying the service provided already on continuous basis and continuing contract. Proof of the service is necessary by way of receipts for subscription or a subscription card provided by the operator. Also proof of actual telecast of the channel is by personalstatement by affidavit, and if possible by affidavits of one or two neighbours, with subscription to the same operator. Please sue both the Cable operator and the MSO, the latter a powerful opponent, with more money. Compensation would be granted as a lumpsum but what is more important is discipling the MSO by order of specic performance.
Time for litigation: About one year.
Cost: If argued by self, about Rs.700 and if engaging a lawyer about Rs.3000 to Rs.5000.
This will probably not fall under specific rules for cable providers, it will just fall under general contract law which requires companies to honor the terms of any binding agreements they enter into. I suggest you hire an advocate to see if your case is strong enough to take action.
Cable TV providers in India are not controlled by any law, they are like Cowboys of US. The entire system runs on simple demand and supply theory. Better you switch over to dish antenna for DTH viewing, they are better.
As far as i know the cable operator if promised to provide with some channels(specifically by mentioning their names and you have the proof also) you may opt for a lawyer as mentioned by gomanyes562 in his answer.
but mind the cable operator is not bound to show all the channels to you as the number of channels that can be telecasted by them depends upon the fees they are paying to the companies who have the rights.
but you may ask him in court regarding as to what he's charging for(the monthly charges levied by the operator are decide by the type of channels broadcasted by them)
search in www.google.com
Do you not know that the cable operators all over India(not merely in Kerala) are a law unto themselves?They always have a dispute with
the broadcasters because they do not wish to
indicate the exact number of subscribers on their books to the latter lest they be called upon to pay more to the broadcasters.Also they monopolise the area they "serve".No new
person can enter and try to set up shop.
MRTPA enacted by the government is totally
ineffective as no action is ever taken.To add to the consumer's woes the government has now made it mandatory to have a set-top box if you wish to have access to good entertainment
and that too only against payment as prescribed.The idea of set-top box was mooted
to give the public digital programs.In the bargain
however someone who must have been a
favorite of some other was allowed to make a
pile by being permitted to import the set-top boxes .The game goes on.
You dont need to know the rules and regulations or the law.Just go to the Consumer
Court in your area and file your complaint
against the cable operator.You should be prepared to face strongarm tactics to get
redress.Best of luck to you.
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