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Lawyer for Trai Matters

TRAI, which has been enacted with the purpose

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Members Of Trai

It consists of The Chairperson and other members, who shall be appointed by the Central Government with special skills in related sectors. Before appointing any members, govt. must verify their past and financial interest. The Chairperson has powers of general superintendence and can give directions to the Authority. If any members found guilty of misconduct, or insolvent or misuse his powers or mentally and physically unfit then central government can remove such persons.

Power And Functions Of Trai

  • Provide recommendations and directions on various issues
  • Can introduce new service provider
  • Lay down the terms and conditions for licence to the service provider
  • Cancellation of licence on non-fulfillment of terms and conditions
  • Steps to promote healthy competition
  • Steps to promote efficient  services in the field of Telecommunication
  • Improvement in the field of technology
  • Inspection of equipments used by the service provider
  • steps to improve the services related to service providers
  • Well management of current spectrum
  • Rates and Tariff control of telecommunication services
  • Manage quality and standard of service provider
  • Maintain register
  • Power to issue directions from time to time
  • Any other functions directed by the Central Government.

The recommendations made by the TRAI are not binding on the Central Government. Though central government can ask TRAI to give details regarding terms and conditions of licence to service provider. It is duty of TRAI to provide recommendation within 60 days from the date of the request for recommendation. Relevant documents need to be produced by central govt. on request by TRAI within 7 days of request. Licence can be issued by central government in case TRAI fails to do so.

Telecom Dispute Settlement And Appellate Tribunal

In order to bring clarity and strengthen the regulatory framework and the disputes settlement mechanism in the telecommunication sector, dispute settlement tribunal was set up to adjudicate the disputes and dispose appeals with a view to protect the interests of service providers and consumers of the telecom sector and to promote and ensure orderly growth of the telecom sector. In this Tribunal they handle and solve a dispute which arises:

  • between a licensor and a licensee
  • between service providers
  • between a service provider and consumers

Who Cannot Go In Tribunal

  • if the matter is related to restrictive trade practice and unfair trade practice
  • matter cannot be heard on the complaint of an individual
  • if the dispute is between telegraph authority and any other person

Procedure For Settlement Of Dispute And Appeals To The Tribunal

  • Any person who is unhappy with the decision or direction or order given by an authority can go to the appellate tribunal
  • Every appeal should be filed within 30 days of the order or decision or direction issued by the authority
  • On expiry of 30 days, appeals are only allowed if somebody have sufficient reasons to not filing within the prescribed time
  • Its duty of tribunal to hear both parties
  • Tribunal shall also send copy of the order to TRAI
  • In case of Appeal against the order passed by TRAI, the tribunal shall try to dispose the case within 90 days.
  • In case the decision has not been taken within 90 days, tribunal has to record reasons in writing for not disposing the matter.

All appeals which are pending in the High court before establishment of tribunal shall be transferred to the Tribunal.

The Civil court has no jurisdiction to entertain any matter which falls under the jurisdiction the Appellate Tribunal.

Members Who Settle The Dispute In Tribunal

  • Tribunal shall consist of chairperson and 2 other members who are appointed by the central government after consulting the Chief Justice of India.
  • The Benches of the Tribunal Usually sits at New Delhi and at any other places where central government ask them to sit after consulting chairperson of the tribunal.
  • Central government notify jurisdiction of each bench.
  • Chairperson or any member of tribunal can transfer the case to different bench as per requirements.
  • Central government may remove any members if any of the below reasons are there:

    Conviction in the matter of moral turpitude

    If any member has been declared as insolvent

    If physically and mentally unfit to act

    If power has been misused or any other acts, which is against the law

Power Of The Tribunal

  • The Appellate Tribunal has their own guidelines and procedures which is based on principle of Natural Justice and can regulate procedures whatever they find suitable
  • For few suits, the Appellate Tribunal has the same power as The Civil Court like in the matter:

    summoning the attendance of any person

    examining on oath

    Verifications and production of documents

    Accepting evidence on affidavits

    requisitioning any public record or document or a copy of such record or document, from any office

    examination of witnesses or documents

    decision reviews

    can handle matter related to ex-parte

The appellant can appear in person or can authorize lawyers or CA’S or company secretaries or cost accountants or any officers to present his before the Appellate Tribunal.

The appellant can approach to the Supreme Court also if appeal has not been disposed off within the period of ninety days after the decision. In this situation Appellant can go to the Supreme Court of India.

If any person willfully disobeys the order of The Tribunal, then fine can be imposed on that person.

TRAI  has taken several steps to protect the interests of consumers. Like, they have developed website named, “The Telecom consumers complaint monitoring system” for the help of customer in processing their complaints.

Frequently Asked Questions

  • 1. What kind of matters usually TRAI handle?

    TRAI handle matters related to telecommunication services

  • 2. Does TRAI take issues of an Individual?

    No, they don’t take matter of an individual

  • 3. Who can approach to tribunal in matter of dispute?

    licensor and licensee, service providers and group of consumers

  • 4. Can I approach to higher court, if my dispute has not been settled within the prescribed period?

    yes

  • 5. What’s the time duration within which I can file an appeal in the Tribunal?

    It should be filed within 30 days of the order or decision given by authority.

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