CONSUMER RIGHTS UNDER THE TELECOM REGULATORY ACT, 1997 AND REDRESSAL OF CONSUMER GRIEVANCES By B.K. Sinha Chief General Manager Assam Telecom Circle BSNL

The Telecom Regulatory Authority of India Act, 1997 NTP 1994, opened the entry of private sector in the provision of telecommunication services in India. The Telecom Regulatory Authority of India(TRAI) Act was enacted to regulate the development of telecommunication services in India in the Multi- operator regime. One of the main objective of NTP 1994 was to provide telecom service of world standard and removal of consumer complaint with dispute resolution was to be given a special attention.

The Telecom Regulatory Authority of India Act, 1997 (Contd.) Keeping the above policy decision in mind while defining the powers and function of the TRAI under Chapter III, Clause 11, suitable provision were kept to meet the aspiration of the consumers and to redress the consumer grievances. Dispute settlement mechanism by TRAI was enumerated under Chapter IV of the TRAI Act 1997.

Salient Features of TRAI Act 1997 to Ensure Customer Rights The functions of the TRAI shall be to: Facilitate competition and promote efficiency in the operation of telecom services. Protect the interest of consumers of telecommunication services. Monitor the quality of service and conduct periodical survey of such provided by the service provider.

Settlement of Disputes Chapter IV of TRAI Act, 1997 makes provision for settlement of disputes amongst service providers or between service providers and a group of consumers. It is to be noted that under the TRAI Act, complain of general nature about the service provided by an operator made by a group of consumers are usually looked into. Complain of individual consumers which is maintainable before a consumer forum under Consumer Protection Act of 1986, are usually not considered.

Formation of Telecom Disputes Settlement & Appellate Tribunal(TDSAT) In the year 2000, an ordinance was promulgated to amend the TRAI Act to create TDSAT to settle the disputes between the service providers and also between the service providers and a group of consumers. The authority of TRAI for settlement of disputes as given in Chapter IV of the TRAI Act of ’97 was mostly transferred to TDSAT by this ordinance.

Redressal of Consumer Grievances as per TRAI Act The agreed party has to make an application to the Authority. On receipt of application, the Authority after giving the parties of dispute opportunity of being heard, will pass orders as expeditiously as possible. Normally and appeal should be disposed of within a maximum of 90 days. The Authority for the purpose of discharging their function will have same powers as are vested in a civil court. Every proceeding before the Authority should be deemed to be a judicial proceeding. There is provision for punishment with fine if order passed by the Authority is not complied.

Consumers’ Rights - Measures By TRAI TRAI has issued regulations on Quality of Service (QoS) parameters. DetailsDetails TRAI has issued different guidelines / directives in matters related to customer satisfaction. DetailsDetails

Salient Points of Common Charter of Telecom Services 2005 All service providers, agree to promote the consumers right to education, choice, representation and redress. All service providers assure that their subscribers shall be entitled to interact with them either personally or through authorized representatives. All service providers, agree to arrange human interface with responsible company executives for the process of dispute resolution. All service providers agree to inform their subscribers about the broad range of services offered, tariff and grievance redressal systems.

Consumer Grievance Redressal Mechanism in BSNL DPG MOC & VIP BSNL CO & DOT Circle Heads SSA Heads SDOs & JTOs Consumer Forum

Other Outlets for Redressal Zonal & Circle Call Centre Telephone Adalat at SSA level ( Bimonthly ) Telephone Adalat at Circle level ( Quarterly ) Consumer Forum. Meeting with customers without appointment by SSA heads and Circle head : 1500 hrs. to 1700 hrs – Circle Level

Consumer Forum Cases: (as on 14/12/2005) Name of The Court cases pending as on 31/03/04 cases received since 01/04/04 cases disposed since till date cases disposed in favor of BSNL Cases pendin g as on Date Remarks District Forum Appeal made by BSNL for 6 cases before State Forum State Forum Appeal made by BSNL for 6 cases before High Court National Forum 3Nil 3-

PG cases summary for Assam Telecom Circle

Measures taken by BSNL, Assam to facilitate Consumer Grievances as per TRAI’s Directions: Coverage by CDMA technology of all the remote and uncovered areas (to be ready by July 2006) CDR based (IOBAS) billing system at all POIs On-line Customer and payment facilities across WAN using centralized databases all over the Circle (under implementation) Call Centre at Circle level for all basic phone services (to be implemented by March-2006) Centralized Monitoring of all the Exchanges at Circle H/Q by using LNMS & V5.2 technology PGRMS (a web based system) for PG cases.

Customers’ Expectations and Satisfaction – a long way to go Assured delivery of bills in time. Hassel-free payment of bills to be within 5 KMs of their offices / residences in rural areas and within walking distance in urban areas – through online networking with the service provider & data centers. Payment facilities through Internet Credit Cards & ECS from anywhere. Payment of bills from anywhere across the country

Customers’ Expectations and Satisfaction – a long way to go (Contd.) Facilities for payment of deposits against bill payments. Cheque payment through Computerized Drop Boxes along with the Receipts with on line connectivity to servers. Unique telephone number like PIN all over the country NTC / Shifting to be done over phone on-demand.

Customers’ Expectations and Satisfaction – a long way to go (Contd.) Broadband Internet with multimedia through Fixed lines and also over GSM / CDMA network in both urban & rural areas. CDR-based billing for wired / CDMA lines like in GSM, to ensure foolproof billing in time and avoid loss of revenue to Service Provider. Kiosks on local languages in rural areas. Seamless roaming in GSM and CDMA network, using the same handset.

Customers’ Expectations and Satisfaction – a long way to go (Contd.) Reliability of service in mofussil and rural areas in the face of Power and Manpower shortages. Fibre to home to facilitate access to all services through a single telephone line. Post Office / Bank collection Centers to be opened with online/offline connectivity with Data Centre. Prompt disposal of Subs’ grievances at base level (SSA/SDCA).

THANK YOU!