TDSAT allows Fastway to recover ₹1.27 crore, orders return of 6,362 STBs across 3 cases

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has ruled in favour of Fastway Transmission Pvt. Ltd. in three separate petitions against local cable operators (LCOs), directing them to clear subscription dues and return thousands of set-top boxes (STBs), in a significant reaffirmation of contractual rights of multi-system operators (MSOs).  

In three different detailed orders, the tribunal adjudicated disputes involving Sethi Cable Network, Minnat Cable Network, and Jot Cable TV Network, all of whom were found to have defaulted on payments and failed to return STBs issued under interconnection agreements.  

At the core of all three cases was the alleged unauthorised retention and “swapping” of STBs, which Fastway had deployed at subscriber premises through its LCO partners.

According to the tribunal records, Fastway had supplied these STBs as part of its addressable cable distribution system, with clear contractual clauses requiring their return or payment of their depreciated value in case of termination or default.

In the dispute with Sethi Cable Network, the tribunal ordered the return of 3,591 STBs, failing which the operator must pay ₹71.82 lakh, along with ₹3.17 lakh in outstanding subscription dues.  

In the case against Minnat Cable Network, 463 STBs were involved, with ₹9.26 lakh payable if not returned, in addition to ₹97,931 in unpaid dues.  

In the matter concerning Jot Cable TV Network, the tribunal directed return of 2,308 STBs, or payment of ₹46.16 lakh, along with ₹2.53 lakh in subscription arrears and ₹5,000 towards activation charges.  

Taken together, the three rulings cover 6,362 STBs and total financial liabilities exceeding ₹1.27 crore, excluding interest.  

A notable aspect across the cases was the absence of effective participation from the respondents. While the LCOs initially appeared before the tribunal, they failed to file replies despite multiple opportunities, leading TDSAT to proceed ex-parte.

The tribunal relied on affidavits and documentary evidence submitted by Fastway, including interconnection agreements, invoices, and account statements. It held that the company had successfully established its claims on the basis of preponderance of probabilities, the standard applicable in civil proceedings.

“The uncontroverted affidavit and supporting documents sufficiently prove the petitioner’s case,” the tribunal noted in its orders.  

Fastway had also alleged that the LCOs acted in concert with competing MSOs to swap its STBs and divert subscribers. However, TDSAT reiterated its consistent legal position that no relief can be granted against a competing MSO in the absence of a contractual relationship.  

As a result, the tribunal confined liability to the respective LCOs and declined to pass any directions against the competing distributors.   

In all three cases, TDSAT awarded simple interest at 9% per annum on the outstanding amounts, calculated from the date of filing of the petitions until actual payment.  

The tribunal also directed the LCOs to return the STBs in good working condition within two months, failing which the specified monetary compensation would become payable.  

The rulings assume significance in the context of India’s cable TV distribution ecosystem, where disputes between MSOs and LCOs over subscriber ownership, revenue sharing, and equipment control remain frequent.

By upholding Fastway’s contractual claims and ordering recovery of both hardware and dues, the tribunal has reinforced the enforceability of interconnection agreements and the legal protection available to MSOs against asset diversion.

For regional players like Fastway, the orders are likely to strengthen operational discipline among last-mile operators and deter practices such as STB swapping and non-payment of subscription revenues, which have long been a point of contention in the industry.