Telecom Users Group of India vs Telecom Regulatory Authority of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Online)(TDSAT) 98

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
HON, J
Telecom Users Group of India – Appellant
Versus
Telecom Regulatory Authority of India – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Tejveer Singh Bhatia (Amicus Curiae), Ms. Poli Kataki, Mr. Vasav Anantharam
For the Respondents: Mr. Saket Singh, Mr. Kaushik Mishra, Mr. Navin Chawla, Ms. Nidhi Parashar, Mr. Manjul Bajpai, Ms. Monika Singhal, Ms. Harshita Verma, Ms. Nupur Pallavi, Mr. Mansoor Ali Shoket, Mrs. Prathiba M. Singh, Mr. Vadivelu Deenadayalan, Mr. Ravi S.S. Chauhan

Table of Content
1. consumer rights and tariff transparency (Para 2 , 4 , 12)
2. arguments for consumer advocacy and trai's duties (Para 17)
3. trai's forbearance principle and market dynamics (Para 21 , 22)
4. court observations regarding tariff regulation (Para 30 , 39)
5. final disposition of the petitions (Para 53 , 54)

JUDGEMENT

These two petitions, being inter-related, were taken up for hearing together and are being disposed of by this common judgment.

2. The petitioner in the first case is a Member of the Consumer Advocacy Group of the Telecom Regulatory Authority of India (TRAI) constituted under Telecom Regulatory Authority of India Act, 1997 (

TRAI is empowered to frame tariffs in exercise of its power conferred on it under Sub-Section 2 of Section 11 of the Act.

It reads as under :-

1885, the Authority may, from time to time, by order, notify in the Official Gazette the rates at which the telecommunication services within India and outside India shall be provided under this Act including the rates at which messages shall be transmitted to any country outside India;

Provided that the Authority may notify different rates for different persons or class of persons for similar telec

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2011 Supreme(Online)(TDSAT) 98

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNALHON, JTelecom Users Group of India – AppellantVersusTelecom Regulatory Authority of India – Respondent

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
HON, J
Telecom Users Group of India – Appellant
Versus
Telecom Regulatory Authority of India – Respondent