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Set-Top Box Controversy is an example of gross failure of District Administrations : Cable operators looting innocent consumers violating TRAI, Highcourt guidelines : Why shouldn't DMs be charged with contempt of court ?
Amitabha Sengupta
Set-Top Box Controversy is an example of gross failure of District Administrations : Cable operators looting innocent consumers violating TRAI, Highcourt guidelines : Why shouldn't DMs be charged with contempt of court ?
PHOTO : TIWN File Photo : Tripura High Court , inset pic set-top-box

AGARTALA, May 5 (TIWN): In the clear absence of the gov't machinery in the state cable operators continue to loot the common peoples' pockets regarding the sale of Set Top Boxes violating the guidelines of TRAI . And the careless attitude of the eight District Magistrate and Collectors of the state are paving the way for gross corruption leading to huge loss of revenue for the state gov't . Till date none of the district administration's has taken any concrete step to respite the people from the intentional exploitation being imposed by the cable operators . It is to be mentioned here that cable operators across the state are simply exhorting money from the consumers in the name of selling Set Top Boxes . For each Set Top Box consumers are forced to lay Rs 1550/-, Rs 1650/- and Rs 2250/- depending upon the rates set by cable operators for the Set Top Boxes now being sold in the state.

But each and every cable operator in the state is violating the guideline set by the Telecom Regulatory Authority of India( TRAI) . TRAI has a clear set of guidelines regarding the selling of Set Top Boxes through cable operators. 

TRAI has clearly laid down its Standard Tariff Package for Set Top Box for Digital Addressable Cable TV Systems.

TRAI has clearly laid down its Standard Tariff Package 

These are as follows :-

                    OPTION -I

            ---------------------------

1) Rent per month per Set Top Box -Rs 36.63/-(exclusive of taxes)

2) Security Deposit(Refundable) Rs400/-

                    OPTION -I

                ------------------

1) Rent per month per Set Top Box -Rs 36.63/-(exclusive of taxes)

2) Security Deposit(Refundable)800/-

                    OPTION -III

                --------------------

1) Rent per month per Set Top Box -Rs 32.12/-(exclusive of taxes)

2) Security Deposit( Adjustable) Rs400/-

                  OPTION-IV

              --------------------

1) Rent per month per Set Top Box -Rs 22.60/-(exclusive of taxes)

2) Security Deposit(Adjustable) Rs800/-

       Moreover, TRAI has also laid down that after 5 years ( from the date of purchase) the Set Top Box will become the property of the subscribers. The clarifications given by TRAI in this regard are :-

1)No monthly rentals will be payable after the period of five years and the set top box will become the property of the subscriber (except smart card/viewing card) after the expiry of five years.  An amount equal to the sum of security deposit to be refunded per month and interest per month on balance security deposit has been adjusted in Rent per month per Set Top Box. The full amount of security deposit stands adjusted in a period of five years.

  2. Up to five years, on returning of the Set Top Box, the Security Deposit shall be refunded , provided  that the Set Top Box is not tampered with.

 3. In case of un-installation/discontinuance of service before the last day of the month, balance security deposit shown as refundable at the end of that month will be refunded on return of Set Top Box.

 4. No repair or maintenance charges would be levied by cable operator on the subscriber, towards repair or maintenance of Set Top Box up to the period of five years from activation of the Set Top Box. The subscriber, however, shall be liable to pay repair and maintenance charges from sixth year onwards.

  5. No installation charges or re-installation charges (except in case of shifting of connection) or activation charges or smartcard/ viewing card charges is to be levied by the cable operator on the subscriber.

   The Standard Tariff Package has been worked out on the basis of the following facts and figures as provided by the Industry stakeholders/ Associations:-

   a) The total cost of STB has been taken as Rs. 1750/-.

  b) Life span of STB has been taken as 5 years.

 c) The residual value has been taken as nil.

.  d) Rental per month is based on cost of STB on Equated Monthly Installment (EMI) Basis @15% per annum (@1.25% per month) for a period of 60 months.

 But in Tripura cable TV operators are not only violating the TRAI guidelines ; but they are also not providing cash memos the the subscribers at the time of selling the Set Top Boxes. Moreover, the set top boxes sold by them do not have any logos of the manufacturing company neither these have the date of manufacturing . One cannot say whether these are of Indian or Chinese products being  brought illegally .

 In this connection Tripura High Court has already given a verdict. Admitting public interest litigation, a division bench comprising Chief Justice Deepak Gupta and Justice S C Das issued notice to the District Magistrates seeking reply whether there are any multi-system operators registered in the state in terms of Section 11 C of the Cable Television.

 Again on March 30th verdict Chief justice of Tripura High Court Deepak Kumar Gupta and Justice Swapan Chandra Das  ordered all the District Magistrates and Collectors as well as Sub Divisional Magistrates (SDM) to review the quality of set-top boxes and the prices regarding.

 It is to be mentioned that 'Sristi Cable Network' of Agartala is the only registered cable TV service provider in the state with TRAI authority of  Bureau of Indian Standard (BIS). 

If this has been the case , how the local cable TV service providers in all subdivisions are selling Set Top Boxes with their own logos . This is certainly a gross corruption being sponsored by the administration as well the state gov't. Only in two cases DMs of Khowai and Sepahejala districts published notifications through news papers asking the cable operators to sell Set Top Boxes as per TRAI guidelines. 

But DMs of rest 6 districts didn't even take care to publish such public notice yet. Rather the entire administration is simply playing a mute role. Taking the advantage of this careless attitude of the state administration cable operators have emerged as exploiters exhorting excessive money from the subscribers.

During the last one week, many Cable TV subscribers across the state called TRIPURAINFOWAY.com's Agartala office .

What they expressed is that actually the District Magistrates and Collectors as well as the Sub Divisional Magistrates are the guilties as they didn't take concrete steps even after being directed by the High Court .

Common people urged ," Why wont the charges of Contempt of High Court be imposed upon the DMs and SDMs for neglecting High Court's ? " The common people who talked TIWN also urged the High Court to come forward to their aid by passing strict orders as early as possible and also to put a stop to this illegal way of causing huge revenue loss to the state govt

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