TELECOM CONSUMERS COMPLAINT REDRESSAL REGULATIONS, 2012.

[Mr. M. GOVINDARAJAN]

INTRODUCTION

                        TRAI, being one of the regulatory bodies established in the Telecom Industry has taken much efforts in the protection of consumers and also to redress the disputes by making regulations applicable to service providers.  In May 2007, TRAI had issued the Telecom Consumer Protection and Redressal of Grievances Regulations, 2007 which provided a framework for redressal of consumer grievances through establishment of a three tier redressal mechanism.  TRAI received many representations from consumers and consumer organizations to make improvement in the redressal mechanism.   Therefore after having issued consultation papers in this regard and receiving suggestions and comments from stakeholders, TRAI has issued ‘Telecom Consumers Complaint Redressal Regulations, 2012’  in exercising its power conferred by Section 36 of the Telecom Regulatory Authority of India Act, 1997.   These regulations came into effect from 05.01.2012.

APPLICABILITY:

                        These regulations shall apply to all service providers including MTNL and BSNL, Central owned PSUs providing-

• Basic telephone service;
• Unified Access Services;
• Cellular Mobile Telephone Service;
• Internet service.

These regulations shall apply to an internet service provider whose turnover in any preceding financial year does not exceed Rs.5 crores or whose total number of subscribers in any preceding financial year does not exceed 10000 numbers, as the case may be.

COMPLAINT CENTRE:

                        Every service provider shall, within 45 days from the date of commencement of these regulations establish a Complaint Centre  for redressal of complaints and for addressing service requests of its consumers.  A service provider at its option set up one or more complaint centres being common or separate, for such services being provided by it.   The complaint centre shall provide the service in the local language of that service area in addition to Hindi and English.  The following are the requirements in respect of complaint centre:

• It shall be accessible between 08.00 hours to 24.00 hours on all days of the week;
• It shall deploy sufficient number of employees to meet the Quality of Service Parameters, as may be specified by the Authority from time to time;
• It shall ensure that the complaint centre is also accessible through the network of other service providers by earmarking a specific number;
• It shall ensure that the complaint centre is accessible to its consumers through a ‘Consumer Care Number’ having sufficient connections or lines.

CONSUMER CARE NUMBER:

                        Consumer care number shall be toll free for the consumers.  TRAI may from time to time may issue specify a uniform code for this number which may be common for basic services, mobile services and internet service or different for different services.  The regulation made obligations on the service providers to ensure that an Interactive Voice Response System (IVRS)  for Consumer care number if operated in the following manner:

• The first end level of the IVRS provides for language selection;
• The second level of the IVRS provides for options relating to the broad categories of complaints and service requests;
• The third level of the IVRS provides for a sub menu under complaints and service requests, separately.

The third level shall also contain an option enabling the consumer to speak to a consumer care agent.

GENERAL INFORMATION NUMBER:

                        Every service provider shall, within 45 days from the date of commencement of these regulations, establish a ‘General Information Number’ for providing information to consumers.   This is not mandatory where general information is also provided in the Consumer Care Number on a toll free basis.  For this also TRAI may specify a uniform short code for all service providers as the ‘General Information Number’ through directions from time to time and every service provider who has established a separate number as ‘General Information Number’ shall use such short code.

PUBLICATION OF INFORMATION:

                        Every service provider shall publicise the ‘Consumer Care Number’ and ‘General Information Number’ within 45 days from the date of commencement of these regulations through-

• Public notice in a leading newspaper in Hindi or English and in a leading newspaper published in a local language of the service area;
• Display on the website of service provider;
• Updation of SMS of consumers by pre-configuration or over the air transfer;
• Display in all complaint centres and sales outlets; and
• The telephone bills issued by the service provider.

The above said publication shall be done once in six months.  In any change in number the same shall be publicized at least one week prior to such change.

COMPLAINT MONITORING SYSTEM:

                        Every service provider shall establish a web based complaint monitoring system within 45 days from the date of commencement of these regulations to enable the consumers to monitor the status of their complaints.  On establishing the same the service provider shall publish information about the address of this system and the process for monitoring the complaints in a leading newspaper in Hindi or English and in a leading newspaper in the local language of the service area and through the telephone bills issued by the service provider.  The same shall be publicized once in six months.  Any change in the address of the web based complaint monitoring system shall also be intimated to the consumers in the same manner as  discussed above.   TRAI may from time to time issue such directions as it may deem fit to the service providers regarding the ‘web based complaint monitoring system’.

PROCESS OF COMPLAINTS:

• On receipt of complaint from the consumer the same shall be registered and allotted a unique number called the docket number; if necessary TRAI may specify a format for docket number;
• The details of complaints against each document number shall be retained in the system for a minimum period of three months;
• The complaint centre shall communicate the consumer through SMS the docket number, date and time of registration and the time within which the complaint is likely to be resolved and update the same in the system;
• On completion of the complaint the consumer shall be communicated through SMS the details of the action taken on the complaint and the same shall be updated in the system;
• The complaints shall be redressed within the time frame as specified under the Quality of Service regulations issued by TRAI; where no time limit is prescribed the service requests shall be addressed within a period not exceeding 3 days.

APPEAL TO APPELLATE AUTHORITY:

                         If the consumer is not satisfied with the redressal of his complaint by the complaint centre or remains unaddressed or no intimation is received within the period specified, such consumer may prefer an appeal to the Appellate Authority of the concerned service provider for redressal of his complaint either through e-mail or facsimile or post, or in person within 30 days after expiry of the time limit specified for redressal of the complaint.  The Appellate Authority may entertain an appeal after the expiry of the said period of 30 days but before 3 months from the expiry of the time limit, if it is satisfied that there was sufficient cause for not filing the appeal within the limitation period.  No fee is payable by the consumer for filing appeal.

                        Every service provider shall within 45 days of the commencement of these regulations establish an Appellate Authority in each of his licensed service areas consisting of one  or more persons as may be decided by the service provider to dispose of the appeals.  A service provider who provides different services in a licensed area, may, at his option establish an Appellate Authority, being common or separate, for such services being provided by it.

                        A service provider being an internet service provider having all India licence, may, establish an Appellate Authority for any part or whole of India.  Immediately on establishment of the Appellate Authority, the service provider shall publish in two leading newspapers, one in Hindi or English and the other in the local language of the service area, the details of the Appellate Authority, including the names, designation, address, fax number and e-mail address, and also arrange to display the said details in each of its offices, complaint centres, at its sales outlets and also on its website.  Within 7 days of appointment of Appellate Authority, the service provider shall intimate the details of the Appellate Authority to TRAI.

ADVISORY COMMITTEE:

                        The service provider shall establish an Advisory Committee to examine and render advice on the appeals filed before the Appellate Authority within 45 days of the commencement of these regulations.  The Advisory Committee shall consist of 2 members of which one member shall be from the consumer organizations registered with TRAI and the other member shall be a representative of the service provider.  A member from the consumer organizations shall not be appointed as a member in more than such number of Advisory Committees as may be specified by TRAI.  Within 7 days from the appointment of Advisory Committee the service provider shall intimate the same to TRAI with required details.

                        The member of the Advisory Committee appointed from the consumer organizations shall hold office for a term not exceeding one year which may be extended for a further period of one year.  Such member shall not be removed before completion of his tenure except with the prior approval of TRAI for which the service provider shall furnish the reasons for such removal.  The service provider shall pay to this member an honorarium of Rs.2000/- per sitting of the Advisory Committee.  The Advisory Committee shall render its advice on every appeal placed before it within 15 days. 

SECRETARIAT:

                        The service provider shall provide a Secretariat with supporting staff and office accommodation for the Appellate authority to discharge its functions.  One officer may be employed as Secretary to the Appellate Authority.  The Secretariat shall-

• Immediately on receipt of an appeal, register it by assigning a unique appeal number;
• Acknowledge the appeal, within 3 days of its receipt, by sending the unique appeal number through SMS or e-mail to the consumer;
• Forward within 3 days from the date of receipt of the appeal, a copy of the appeal to the service provider concerned for filing a reply within 7 days along with the relevant information, document on record; and
• Within 2 days of receipt of the reply from the service provider place the reply, along with the appeal, before the Advisory Committee for its consideration.
• Within 2 days of receipt of advice of Advisory Committee, the Secretariat shall place before the Appellate Authority, the appeal, reply received from the service provider and the advice of the Advisory Committee, for its consideration;
• The Appellate Authority shall ensure uniformity in the procedure for deciding appeals.  Within 10 days of the appeal being placed before it, the Appellate Authority shall conduct such inquiry as it may consider necessary and dispose of the appeal by passing a reasoned order in writing stating therein the points for determination and the decision thereon.  In deciding the appeal the Appellate Authority shall give due consideration to the advice given by the Advisory Committee.  If the appeal is decided otherwise than in accordance with the advice of the Advisory Committee, it shall record its reasons for the same while passing the order.
• The presence of the appellant shall not be obligatory, but he may, if he so desires, appear in person to present his case before the Appellate Authority;
• On disposal of the appeal the same shall be intimated to the appellant and the service provider;
• The Secretariat shall keep record of the appeals preferred, reply of the service provider, the advice of the Advisory Committee and the decisions of the Appellate Authority.

TRAI’S POWER:

                        TRAI is empowered to refer to a service provider for the purpose of redressal-

(a)    Come plaints alleging violation of the Act or regulations made there under or directions issued or orders made by it under the Act;

(b)   Complaints of the consumers that are generic in nature;

(c)    Complaints alleging that a practice adopted by the service providers adversely affects the interests of the consumers;

(d)   A complaint of such nature that, in the opinion of the Authority, is required to be resolved expeditiously by the service provider.

The service provider on receipt of reference from TRAI under (a), (b) and (c) shall investigate and find out the root cause and redress under information to the consumers and TRAI within one month from the date of reference and resolve complaint within 7 days of reference under (d) and inform the result to the authority within 3 days of the resolution of the complaint. 

CONCLUSION:

                        The provisions of these regulations shall be in addition to and not in derogation of any other law for the time being in force.   Therefore the consumer is having right to approach consumer forum or court for his redressal than this method.  These regulations shall not apply to any matter or issue for which any proceedings before any court or tribunal are pending or a decree, award or an order has already been passed by any competent court or tribunal or authority or forum or commission, as the case may be.  In case any doubt regarding interpretation the clarification by TRAI shall be final and binding.