TDSAT: Airan Consultants to pay UCN Cable Rs 50 lakh plus interest

NEW DELHI: Airan Consultants Pvt Ltd has been asked by the Telecom Disputes Settlement and Appellate Tribunal to pay to UCN Cable Network Pvt Ltd a sum of Rs. 50,00,020 with interest at the rate of 8 percent from 5 May 2015 till date of payment for carrying the News Express channel on its network.

Chairman Justice Aftab Alam and member B B Srivastava, who heard the matter ex parte as Airan Consultants Pvt. Ltd did not put in an appearance, came to their judgment on the basis of the documents presented and the lone witness examined.

While UCN Cable had demanded interest at 24 per cent, the tribunal confined it to 8 per cent which will be paid till the date of the final payment. 

The tribunal said in the case of the second agreement, Airan had failed to fulfil its obligation and not even responded to the communication from the petitioner for payment.

UCN Cable said the two parties executed an agreement in November 2013 for the period 6 November 2013 to 5 November 2014 for carrying the channels of Airan Consultants on its network and placing it in the digital and U band, below 800 mghz in analogue mode in the territory mentioned in the agreement. UCN has stated that it raised invoices in pursuance of this agreement and received payment as well against them. Both parties in furtherance of their relationship executed another channel placement agreement for one year from 6 November 2014 till 5 November 2015. The amount for the placement of the news channel “JIA News” was Rs 89 lakh per annum inclusive of all taxes except service tax and payable quarterly in advance.

UCN says it fulfilled its obligation in respect of carrying the new channel on its network and placing it as agreed. Accordingly, it raised invoice for an amount of Rs 50,00,020. It stated that Airan sent a photocopy of a cheque dated 15 February.2015 drawn on Bank of India, Corporate Banking Branch, Nagpur, for an amount of Rs 45,000,18 through WhatsApp promising to deposit it directly into UCN’s account. UCN has said that Airan not only failed to deposit the cheque but did not respond either to UCN’s e-mails of 27 February, 9 March, 30 April and 1 May 2015. Thereafter, UCN served a legal notice on 3 August 2015.

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