Transcript Consumer Rights under TRAI Act & Redressal of Consumer

TDSAT Seminar
20th October, 2007
Srinagar
Consumer Rights under the TRAI Act,
1997 & Redressal of Consumer
Grievances
by
Indu Malhotra
Sr. Advocate
Supreme Court of India
INTRODUCTION
TRAI
TDSAT
Indu Malhotra, 2007
TELECOM REGULATORY AUTHORITY OF
INDIA ACT,1997
TRAI was constituted to regulate the Telecommunication
services by TRAI Act,1997.
Later, Broadcasting & Cable services were also brought
within its purview by the Amendment Act of 2000.
Within a decade, the TRAI has played an effective role
in regulating this industry by open house discussions,
framing Regulations, Issuing Notifications & Tariff
Orders, organizing seminars at various locations.
Indu Malhotra, 2007
TRAI: THE REGULATOR
TRAI has taken various steps to protect the interest of
the Consumers.
The consumers interests have been protected by TRAI
broadly under the following heads :
1.
2.
3.
4.
Access – through “Must Provide Clause on
non discriminatory basis”
Quality
Price
Choice- mode, program and price.
Indu Malhotra, 2007
QUALITY & CHOICE
Under S.11(1)(b)(v) the TRAI lays down standards of quality of
service so as to protect the consumer interest
Over the last few years, the number of channels have rapidly
multiplied
At present, the number of channels being offered are far in excess
than what can be carried through the existing analogue systems
TRAI recommended to GOI to bring digital transmission in Cable TV
industry.
In the analogue mode the max no. of channels that can be
transmitted are about 70, with a choked bandwidth.
Today there are 260 channels registered with the GOI.
Digital transmission will give greater choice to consumers by
increased channel carrying capacity, better reception of quality and
new features such as program guides etc.
Digital technology in cable TV must take place at the earliest for the
cable medium to compete with other delivery platforms for signal
distribution.
Indu Malhotra, 2007
PRICING
TRAI has issued various notifications/tariff orders to regulate pricing
of pay channels.
TRAI issued tariff Order dt. 15.1.2004 freezing the price of all pay
channels as on 26.12.2003.
A further enhancement by 7% was permitted w.e.f 1.1.2005.
In CAS areas, for pay channels, by notification dated.31.8.2006
ceiling was fixed at Rs.5 in consumer interest.
In non CAS areas the TRAI has issued Tariff (Eighth Amendment)
Order 4.10.2007( effective from 1.12.2007) fixing a ceiling at Rs.260
in A1 & A cities for 45 pay channels & 30 FTA
TRAI has also now mandated every broadcaster to specify and offer
all channels on a-la-carte rate, in addition to a bouquet rate.
Indu Malhotra, 2007
RECENT MEASURES
The Telecom Unsolicited Commercial
Communications Regulations 2007 notified on
5.6.2007 to curb unsolicited commercial calls
through telemarketing to protect consumers from
invasion on privacy.
There are over 212 million telephone
subscribers across the country today.
The Authority does not ban telemarketing, but
only restricts the incidence of unwanted UCC
( Unwanted Commercial Communication).
Indu Malhotra, 2007
SALIENT FEATURES
To make telemarketers accountable, TRAI has mandated compulsory
registration with DOT within 3 months.( effective on publication )
Hence only a registered telemarketer can be subscriber of a Telecom
Service provider.
If an existing telemarketer fails to register within the stipulated period, the
SPs have been authorised to disconnect their telephone connection
TRAI has mandated all access providers to will set up a mechanism to
receive request from the subscribers who do not want to receive UCC.
They will maintain a Private Do Not Call List which will include telephone
numbers and other detaild of such subscribers’
This data will be updated to a NDNC Registry.
The NDNC registry to be established in 3 months time by the National
Informatics Centre.
After the establishment of the NDMC registry, telephone subscribers
( landline or cellular ) can register their telephone nos with the SPs for
inclusion in the NDNC.
Telemarketers will have to verify their calling numbers list with the NDNC
Registry before making a call.
Indu Malhotra, 2007
COMPLAINTS OF UCC
In case a subscriber receives UCC after expiry of 45
days from registration in the NDNC Register he may
make a Complaint to his Service provider.
The SP shall within 7 days verify & investigate the
complaint, and WARN the guilty telemarketer to
discontinue the sending of such UCC to the complainant.
If the UCC is repeated, a 2nd time, the originating
access provider shall charge the tariff specified in the
Telecom Tariff Order 1999 as amended by the Telecom
Tariff
( 45th Amendment) Order, 2007 to be charged
from the sender by the access SP.
If the customer sends the UCC for the 3rd time, the
originating access provider shall disconnect the
telephone of the guilty telemarketer.
Indu Malhotra, 2007
TDSAT: THE ADJUDICATOR
TDSAT established under S.14 of the TRAI
Act,1997 as amended by the Amendment
Act,2000.
Under S.14 it is empowered to adjudicate
disputes between:A licensor and licensee
Two or more service providers
A service provider and a group of consumers.
Individual consumers can approach the
Consumer Fora.
Indu Malhotra, 2007
REDRESSAL OF CONSUMER
GRIEVANCES
The Call Centres & Inter Active Voice Response System are
ineffective & lack human face ; to remedy this problem, the Authority
introduced in-house institutional mechanism to make it responsive &
consumer sensitive.
TRAI has published the Telecom Protection & Redressal of
Grievances Regulations, 2007 ( 3 of 2007).
Every SP shall establish a Call Centre with toll free no., accessible
24/7, for redressal of grievances of its consumers, within 60 days of
the Regulations coming into force.
For disruption / disconnection of service, complaints to be redressed
within 3 days of registration of complaint ; for other complaints, a
time limit of 7 days is prescribed
Every SP shall designate Nodal Officers in each of its licensed
service area, who shall redress complaints within time limits
prescribed.
Indu Malhotra, 2007
WHERE SHOULD THE
CONSUMER GO?
Appellate Authority to be established by the SP
to hear & dispose off appeals and ensure that
the status/ details of appeals are exhibited on
the website
The Authority may refer to SPs Complaints
alleging violation of Act or Regulations or
Complaints which are generic.
Every SP shall publish a Manual of Practice for
handling consumer complaints.
Indu Malhotra, 2007
IMPORTANT HIGHLIGHTS OF
TDSAT’s DECISIONS
TDSAT has now prescribed ad valorem
Court fee to prevent the filing of frivolous
complaints.
Re CAS : By the interactive system in set
top box the consumer can get pay
channels of his choice & pay separately
for channels.
Indu Malhotra, 2007
THANK YOU
INDU MALHOTRA
SR. ADVOCATE
OCTOBER 20, 2007
SRINAGAR.