After 412 days COAI and AUSPI move TDSAT against TRAI’s VAS directive issued on July 4, 2011
By Parvina Purkayastha - Fri Sep 21, 11:14 am
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Telecom operators must get written confirmation from their customers regarding activation of any value added services by the subscribers.
GSM and CDMA lobby group, Cellular Association of India (COAI) and Association of Unified Telecom Service Providers of India (AUSPI) moved the sectoral tribunal Telecom Disputes Settlemant and Appellate Tribunal (TDSAT) against TRAI’s directive on Value Added Services (VAS) calling it unfair. Telecom Regulatory Authority of India (TRAI) in its July 4, 2011 directive had said, that telecom operators must get written confirmation from their customers regarding activation of any value added services by the subscribers.
In its petition, AUSPI has said, that TRAI’s directions are “encroaching and infringing” its right to carry on business and trade and it is against the innovative and consumer friendly ideas.
They also said “TRAI’s directive on VAS was unreasonable, unwarranted and without application of mind.”
According to operators, these directions are beyond the quality of service norms and licence condition and it is “actually in conflict in with the statutory duty and functions of TRAI”
In its directive, TRAI said, the operators could charge any VAS service to the customer, only after confirmation is received from them through SMS or Fax or Email or by written application and if not it shall be discontinued. Further, every service provider shall inform the customer, at least three days before the due date of renewal of a subscribed value added service, through a SMS.
TDSAT now issued notice to TRAI over the lobby group’s application filed for condonation of delay and asked it to reply within a week. It said that it would first settle the limitation issue made against TRAI’s order as it has been filed 412 days after issuance of the direction and only then it will proceed on the main issue.
It also asked the lobby group and their operators to file rejoinder over TRAI’s reply within three days. The matter would now come on October 3 for hearing.
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