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Consumer Disputes Settlement under Telecom Regulatory Authority of India Act, 1997 Presentation by: Madhav Joshi Chief Legal Officer Tata Teleservices Limited. Telecom Regulatory Authority of India Act, 1997 - Preamble. Establishment of TRAI and TDSAT: to regulate telecom services

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Consumer Disputes Settlement under

Telecom Regulatory Authority of India Act, 1997

Presentation by:

Madhav Joshi

Chief Legal Officer

Tata Teleservices Limited.


Telecom Regulatory Authority of India Act, 1997

- Preamble

  • Establishment of TRAI and TDSAT:

  • to regulate telecom services

  • protect interest of consumers

  • promote orderly growth of telecom sector

  • TDSAT:

  • adjudicate disputes

  • dispose of appeals


Consumer oriented functions of trai
Consumer oriented Functions of TRAI

  • Quality of service-prescribing standards, monitoring through returns and thro’ independent agency, public awareness.

  • Facilitate competition & promote efficiency –Tariffs,interconnections, market practices regulation,protect consumers from exploitation.


Tdsat
TDSAT

  • Adjudicates upon dispute between a group of consumers and telecom service providers.

  • Does not adjudicate upon :

  • individual consumer complaints

  • unfair trade practices under MRTPAct

  • disputes under Sec. 7B of Indian Telegraph Act.


Consumer Protection Act, 1986

  • To provide for better protection of the consumers and establishment of:

  • for settlement of consumer disputes

  • District Forum (less than Rs. 20 Lacs)

  • State Commissions (between Rs. 20 Lacs-1

    Crore)

  • National Commission (more than Rs. 1 Crore)


Who can file a complaint in a consumer forum
Who can file a complaint in a Consumer Forum?

  • Sec 2(b) :

  • Consumers or group of consumers having similar interests

  • Voluntary Consumer Associations

  • Central or State Government

  • Legal heir or representative of a deceased consumer


Tdsat consumer courts
TDSAT & Consumer Courts

  • TDSAT has been established to deal with disputes between a group of consumers and a service provider

  • TDSAT is a Specialised Tribunal - Special Act

  • Consumer Court is a General Fora - Earlier Act


TRAI’s Recommendation on Ombudsman

  • New authority recommended to deal with individual consumer complaints.

  • Needs enforceability. Powers and appeals ?

  • Doubts have been raised about effectiveness of this measure.


Ombudsman

  • If my phone is dead, I don’t want compensation.

    I want the phone to start working immediately.

  • How would Ombudsman facilitate speedier

    resolution of consumer complaints ?what is

    experience of banking sector ?


Ombudsman-contd.

  • Ministers also have been receiving complaints

    which reach operator after 10/15 days.How

    would Ombudsman be different ?

  • Why not persuade operators to set-up

    Grievance Cells in each SDCA with thrice a

    week sittings in first one year after launch of

    service in any SDCA when the network may

    not be stable.


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