Section 16 in The Telecom Unsolicited Commercial Communications Regulations, 2007
16. Complaint relating to unsolicited commercial communications and its consequences.
(1)In case any subscriber receives unsolicited commercial communication after expiry of forty five days from the date of his request for registration in the National Do Not Call Register under regulation 7, he may [make a complaint, mentioning therein, the telephone number from which the unsolicited commercial communication was received by the complainant, the date, time and brief description of such unsolicited commercial communication] [Substituted by Notification No. 104-15/2008-MN, dated 21.10.2008, for " make a complaint, mentioning the call originating telephone number," (w.e.f. 21.10.2008).] to his service provider.[(1-A) Every complaint under sub-regulation (1) shall be made by a subscriber within fifteen days of receipt of unsolicited commercial communication by him.] [Inserted by Notification No. 15-2/2008-RE, dated 17.3.2008 (w.e.f. 18.3.2008).](2)The service provider shall, within seven days of the receipt of the complaint under sub-regulation (1),-(a)acknowledge every such complaint with a unique complaint number;(b)verify the registration of the telephone number of the complainant in the National Do Not Call Register at the time of receiving unsolicited commercial communication;(c)forward the complaint [alongwith the date of lodging of the complaint with the service provider and the particulars of the unsolicited commercial communication as furnished by the complainant under sub-regulation (1)] [Substituted by Notification No. 104-15/2008-MN, dated 21.10.2008, for " (including call detail record and other relevant information and documents in respect of the complaint)" (w.e.f. 21.10.2008).] to the service provider from whose network such unsolicited commercial communication originated (hereafter referred to as the Originating Access Provider).(3)The Originating Access Provider, to whom the complaint has been forwarded under clause (c) of sub-regulation (2), shall investigate the nature of call so received and if after such investigation, the Originating Access Provider finds that such call is an unsolicited commercial communication, it shall-(a)[direct, without prejudice to levy of charges under clause (b) of this sub-regulation, the sender] [Substituted by Notification No. 15-2/2008-RE, dated 17.3.2008, for " direct the sender" (w.e.f. 18.3.2008).] of such unsolicited commercial communication to forthwith discontinue the sending of such unsolicited commercial communication to the complainant, being the subscriber referred to in sub-regulation (1);(b)in case the sender [* * *] [The words " referred to in clause (a) after being so directed for discontinuance" omitted by Notification No. 15-2/2008-RE, dated 17.3.2008 (w.e.f. 18.3.2008).], sends the unsolicited commercial communication, the Originating Access Provider shall charge the tariff in respect of [each unsolicited commercial communication] [Substituted by Notification No. 15-2/2008-RE, dated 17.3.2008, for " each subsequent unsolicited commercial communication" (w.e.f. 18.3.2008).] at the rate specified in Schedule XI to the Telecommunication Tariff Order, 1999.(4)Without prejudice to the provisions contained in sub-regulation (3), if the Originating Access Provider finds that the sender, whose originating telephone number had been mentioned under sub-regulation (1), has made an unsolicited commercial communication after having such communication been charged at the rate specified in clause (b) of sub-regulation (3), the Originating Access Provider shall [disconnect the telecom resources like telephone number, internet protocol (IP) or any other form of connectivity with SMS centre] [Substituted by Notification No. 104-15/2008-MN, dated 21.10.2008, for " disconnect the telephone" (w.e.f. 21.10.2008).] of such sender.(5)[ In case any complaint has been forwarded by a service provider, after the expiry of seven days referred to in sub-regulation (2), to the Originating Access Provider, such Originating Access Provider shall, notwithstanding that such complaint had been forwarded to it after seven days referred to in said sub-regulation (2), take action on such complaint in accordance with the provisions of sub-regulation (3) or sub-regulation (4), as the case may be, and forwarding of such complaint after the expiry of seven days referred to in sub-regulation (2) shall continue to be in contravention of the provisions of the aforesaid sub-regulation (2) by such service provider who forwarded such complaint after the said period of seven days.(6)The Originating Access Provider to whom a complaint has been forwarded under clause (c) of sub-regulation (2), shall, within such time and in such manner, as may be specified by direction issued by the Authority under section 13 of the Act,-(a)complete the investigation referred to in sub-regulation (3) and, if after such investigation, the Originating Access Provider finds that such call is an unsolicited commercial communication, take action referred to in clause (a) and clause (b) of sub-regulation (3) or sub-regulation (4), as the case may be;(b)intimate, the result of the investigation and the action taken by it on the basis of the complaint, to the service provider which forwarded the complaint;(c)maintain records of the complaints and their redressal, including relevant call detail records, for a period of atleast six months from the date of redressal of each complaint.(7)The service provider who received the complaint of the subscriber under sub-regulation (1) shall, upon receipt of the intimation from the Originating Access Provider under clause (b) of sub-regulation (6), within such time and in such manner, as may be specified by direction issued by the Authority under section 13 of the Act, intimate, to the complainant, the result of the investigation and the action taken by the Originating Access Provider on his complaint.(8)In case the service provider to whom a complaint has been made by a subscriber under sub-regulation (1), finds after carrying out the verification under clause (b) of sub-regulation (2), that the unsolicited commercial communication in respect of which complaint had been made by the subscriber, originated from its own network, such service provider, being the Originating Access Provider, shall, within such time and in such manner, as may be specified by direction issued by the Authority under section 13 of the Act,-(a)complete the investigation referred to in sub-regulation (3) and, if after such investigation, the Originating Access Provider finds that such call is an unsolicited commercial communication, take action referred to in clause (a) and clause (b) of sub-regulation (3) or sub-regulation (4), as the case may be;(b)inform the complainant about the result of the investigation and the action taken by such service provider on the basis of his complaint;(c)maintain records of the complaints and their redressal, including relevant call detail records, for a period of atleast six months from the date of redressal of each complaint.]
