Central Information Commission
V Regunathan vs Telecom Regulatory Authority Of India on 2 June, 2023
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: - CIC/TRAOI/A/2022/663536+
CIC/TRAOI/A/2022/663534+
CIC/TRAOI/A/2022/663532+
CIC/TRAOI/A/2022/663529
In the matter of
V Regunathan
... Appellant
VS
The CPIO,
Telecom Regulatory Authority of India (TRAI),
Mahanagar Doorsanchar Bhawan,
Jawaharlal Nehru Marg, Old Minto Road,
New Dehi-110002
...Respondent
RTI application filed on : 31/07/2022 CPIO replied on : 29/08/2022 First appeal filed on : 22/09/2022
First Appellate Authority order : Not on record Second Appeal Filed on : 27/11/2022 Date of Hearing : 01/06/2023 Date of Decision : 01/06/2023 The following were present: Appellant: Present over VC Respondent: S.K Dutta, Joint Advisor and CPIO, present over VC at CIC alongwith, J.L Sharma and J.L Mukhija Information Sought:
The appellant has sought the following information related to Regulation No. 18, 19, 20, 21, 10A(1), 10A(4), 10B(1), 24 and 10B(3) of Telecom Consumers Protection Regulations (TCPR), 2012:1
6.1.2.a Copies of Circulars/Orders etc. issued by DoT detailing the Penal Provisions to be imposed on TSPs as mandated in Regulation No. 18 of TCPR. 6.1.2.b Copies of Circulars/Orders etc. issued by DoT detailing the Relief Measures and/or Compensations to be given to a Customer of TSP as mandate in Regulation No. 18.
6.2.2.a Copies of Circulars/Orders etc. issued by DoT detailing the Penal Provisions to be imposed on TSPs as mandated in Regulation No. 19. 6.3. to 6.11 And other related information.
Grounds for filing Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO as he was not given the complete information as sought for by him The CPIO submitted that a suitable reply was provided vide letter dated 29.08.2022 and on a query by the Commission indicated that whatever information was sought was suitably replied to as per the records.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 29.08.2022 replied to the appellant and stated that the TRAI's regulation -
"Telecom Consumer Protection Regulations-2012" is already specified in the RTI application and is also available on TRAI's website: www.trai.gov.in. As far as the penal provisions or penalty under the various regulations quoted by the applicant, it can be mentioned that there is as such no provision of imposition of penalty or refund as per the regulations issued by the TRAI. TRAI issued an amendment in the Telecom Consumers' Protection Regulations on October 16, 2015, in which it added a rule mandating mobile service providers to compensate their subscribers for call dropped or automatically disconnected due to technical glitches in their network. However, the Hon'ble Supreme Court, vide its judgement dated 11.05.2016, in the matter of Cellular Operators Association of India & Others Vs Telecom Regulatory Authority of India & Others, struck down the same. TRAI has laid down the framework for complaint redressal by service providers through the Telecom Consumers Complaint Redressal Regulations, 2012, which are available on TRAI website www.trai.gov.in. Consumer may seek redressal of his complaint through the 2 two-stage redressal mechanism of complaint Centre and Appellate Authority. TRAI Act, 1997 does not envisage handling of individual consumer complaints by TRAI.
The Commission observed that complete information was provided to the appellant which addressed all the queries by TRAI Decision:
In view of the above observations, the Commission finds the reply provided by the CPIO just and proper. Hence, no action lies.
The appeals are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सूचना आयु!त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
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