TIDBITS

Call drops: SC quashes Trai's move to penalise Telcos

By IndianMandarins- 12 May 2016
733

call-drops-sc-quashes-trais-move-to-penalise-telcos The Supreme Court on Wednesday scrapped the regulation by TRAI that allowed users to claim compensation for dropped calls. Terming the regulation "arbitrary" and "unreasonable", the apex court said TRAI had framed the law without "intelligent care and deliberation". The 99-page judgment, delivered by Justices RF Nariman and Kurian Joseph, said it was not clear why TRAI had decided to limit the compensation to three call drops a day, or how it had arrived at the figure of 1 to compensate inconvenience caused to the consumer. "It is equally unclear why the calling party alone is provided compensation because… the inconvenience (due to the interruption of a call) is suffered both by the calling party and the person who receives the call." The court said: "All this betrays a complete lack of intelligent care and deliberation in framing such a regulation by the Authority, rendering the impugned regulation manifestly arbitrary and unreasonable." Punching holes in TRAI's stand, the court said that though the regulator admitted that 36.9 percent of call drops could be due to the fault of the consumer, the regulation assumes the service provider is 100 percent at fault.

free stat counter