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Consumer Disputes Settlement under Telecom Regulatory Authority of India Act, 1997 Presentation by: Madhav Joshi Chief L

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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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Presentation Transcript
slide1
Consumer Disputes Settlement under

Telecom Regulatory Authority of India Act, 1997

Presentation by:

Madhav Joshi

Chief Legal Officer

Tata Teleservices Limited.

slide2
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.
slide5
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
slide8
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.
slide9
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 ?

slide10
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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