The failure to sign contractual addenda does not negate the existence of a binding agreement, as acceptance can be inferred from conduct and correspondence.

ORDER

By AftabAlam, Chairperson –

This batch of ten petitions challenges the demands made on M/s Videocon Telecommunications Limited, M/s Videocon Telecommunication Limited was earlier called M/s Datacom Solutions Pvt. Limited and in some of the documents pertaining to the case it is referred to by that name. But in the judgment it is referred by its current name, Videocon. and M/s Sistema Shyam Teleservices Limited, the two petitioners by Bharat Sanchar Nigam Limited (BSNL) of Interconnect Usage Charges (IUC) for emergency calls to public utility services (in telec om parlance, “ Level-I services ”) . The demands are assailed on the plea that those are beyond the agreements entered into by the two sides and are based on the unilateral decision and internal circulars of one of the contracting parties, BSNL.

Nine out of the ten petitions comprising the batch are filed by Videocon which relate to different service areas/circles. The remaining one petition (Petition no. 137 of 2013) is filed by Sistema. A tabular summary of the ten petitions is given below for the sake of convenience:

All the petitions arise from similar facts and raise the same questions of law.

Hence, all the petitions were heard together and are being disposed of by this common judgment.

During the period to which the demands relate, both Videocon and Sistema had Unified Access Services Licences for all the twenty two (22) service areas/circles in the country. Under the licence, the two petitioners, like all other holders of UAS licence, were mandated to provide for their mobile phone subscribers seam-less access to emergency public utility service, e.g., police, fire, ambulance etc. The relevant provision in this regard is contained in clause 29.1 of the UAS licence which is as under:

“ 29. Emergency and Public Utility Services:

29.1 The licensee shall provide independently or through mutually agreed commercial arrangements with other Service Providers all public utility services including TOLL FREE services such as police, fire, ambulance, railways/road/air accident enquiry, police control, disaster management etc. While providing emergency services such as police, fire, ambulance etc. it shall be ensured that such calls originated shall be delivered to the control room of the concerned authority for the area from where call is originated.” (emphasis added)

It needs to be noted here that the countless police stations/control rooms, fire stations, health-care centres, accident enquiry centres and the disaster management centres all over the country are predominantly serviced by fixed lines. We can also take judicial notice of the fact that, for historical reasons, it is BSNL alone that is in position to effectively provide access to the fixed line telephones installed and managed by it at all