Section 16 in The Telecom Consumers Protection and Redressal of Grievances Regulations, 2007
16. Disposal of appeal by appellate authority. - (1) The service provider referred to in sub-regulation (1) of regulation 10, shall require the appellate authority to ensure uniformity in the procedure for deciding appeals and comply with the provisions contained in sub-regulations (2) to (13).
(2)The secretariat of the appellate authority shall,-(a)register every appeal immediately on receipt of the same and send, within three days of receipt of the appeal, an acknowledgement to the appellant indicating the serial number of the appeal registered;(b)forward, within six days from the date of receipt of an appeal, a copy of the appeal to the concerned service provider for filing reply.(3)The service provider, shall, within fifteen days from the date of receipt of the appeal forwarded under clause (b) of sub-regulation (2), file in writing its reply.(4)In case the service provider referred to in clause (b) of sub-regulation (2), fails to file its reply within the period specified in sub-regulation (3), the appellate authority shall proceed on the basis of the material available on record.(5)The appellate authority may call for, any information, document or record, from the service provider referred to in clause (b) of sub-regulation (2) or the appellant, which may be relevant and necessary for examination and disposal of the appeal, as the case may be.(6)The service provider referred, to in clause (b) of sub-regulation (2), and the appellant, shall provide such information, document or record as the appellate authority may call for under sub-regulation (5):Provided also that in case a party to the case fails to furnish such information, document or record, the appellate authority, on being satisfied that the party in possession of the record is withholding it, it may decide the appeal after appraising the material available on record and decide the appeal to the best of its judgment on merits.(7)The appellate authority shall, on receipt of the reply under sub-regulation (3) and on the basis of information, document or record under sub-regulation (6) from the service provider and after conducting such inquiry as the appellate authority may consider necessary, and after affording reasonable opportunity of hearing to the parties, dispose of the appeal by passing an order in writing and stating therein the points for determination, the decision thereon and the reasons for the decision.(8)The appellant, being consumer, may, either appear in person or authorise any of his representative to present his case or send his representation with a request to dispose of the appeal, without being present in person.(9)The service provider, referred to in clause (b) of sub-regulation (2), may authorise one or more of its officers or employees to present its case:Provided that in case the service provider fails to present its case before the appellate authority on the date fixed for hearing, the appellate authority may proceed ex parte and decide the appeal on merits.(10)The appellate authority shall decide every appeal within three months from the date of filing the appeal and pass order in accordance with the provisions of sub-regulation (7).(11)The order of the appellate authority shall be communicated in writing within seven days of the order to the appellant and the concerned service provider.(12)The service provider, referred to in clause (b) of sub-regulation (2), shall, within fifteen days from the date of receipt of the order referred to in sub-regulation (11), comply with the order of the appellate authority and report immediately compliance thereof to the appellate authority.(13)The appellate authority may decide any appeal with the consent between the parties at any stage of the proceedings and such appeal shall be treated as decided with the mutual consent of the parties.
