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

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 L

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  1. Consumer Disputes Settlement under Telecom Regulatory Authority of India Act, 1997 Presentation by: Madhav Joshi Chief Legal Officer Tata Teleservices Limited.

  2. 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

  3. 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.

  4. 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.

  5. 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)

  6. 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

  7. 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

  8. 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.

  9. 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 ?

  10. 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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