Telecom Disputes Settlement and Appellate Tribunal (the
'TDSAT') in 'M/s Noida Software Technology Private Limited v M/s Media ... indulging in forum shopping. The Informant
had approached the sectoral regulator/ TDSAT on a similar set of facts/ cause
of action and the matter
scope of the TRAI and
Telecom Dispute Settlement & Appellate Tribunal (TDSAT).
x. Additionally, MNP guidelines issued by TRAI that allow customers to
move freely ... would also clearly fall within the purview of
the TRAI and or TDSAT.
xi. As stated earlier, since there is a special regulation which governs
instructing them to stop
providing such illegal services. TDSAT, while hearing the petition filed by
OPs challenging the instructions issued by DoT, restrained DoT from ... taking
any action against the OPs. The judgement of TDSAT dated 03.07.2012, was a
split judgement wherein one member held that OPs were not entitled
consideration the views of the TRAI and the impending
decision of the TDSAT would not only lead to a situation of
regulatory uncertainty ... same vests with the Telecom Disputes Settlement and
Appellate Tribunal (TDSAT) created by the said statute.
11.3 It has been urged by the answering opposite
M/S Kansan News Pvt. Ltd vs M/S Fastway Transmission Pvt. Ltd. & Ors
Tamilnadu Progressive Consumer Center and
the matter is pending before TDSAT. It was argued that Dish TV provides
commercial interoperability as mandated by TRAI
TRAl issued a"circular dated 18/4/2008 based on TDSAT Judgement (Telecom
Dispute Settlement & Appellate Tribunal) whereby rates for the DTH operators ... April,
2008. According to The TRAl order which is based on TDSAT Judgement, the
Page 8 of 17
enue point of view, the Sun Direct
agent can get its grievances redressed by
approaching appropriate forum i.e. TDSAT for redressal of his grievances. Thus,
the allegation of Informant of granting ... discrimination the concerned aggrieved
23
party may approach to the TDSAT. Further, as per the said regulations, every
broadcaster is required to file with TRAI
against the Informant is pending
before the Telecom Disputes Settlement Appellate Tribunal (TDSAT) in respect of
default in payment of outstanding amounts towards channel placement ... subsequently was constrained to file
Broadcasting Petition No. 79 of 2019 before TDSAT.
14. OP has further averred that the channel placement fee depends
relayed and
discontinuance thereof was illegal. in this case the TDSAT has held that
act of Prasar Bharti discontinuing the carriage of the petitioner ... channel,
in disregard of the TRAI Regulations, is illegal. The TDSAT, in this context,
has commented that Prasar Bharti being an instrumentality of the state
