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2015 Supreme(Online)(TDSAT) 41

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Aftab Alam, CJ, Kuldip Singh, J, B. Ipain Bihari Srivastava, J
Reliance Telecom Limited – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Navin Chawla, Advocate, Mr. Anurup Narula, Advocate
For the Respondents:Mr. S.S. Shamshery, Advocate, Ms. Aparajita Sharma, Advocate

ORDER

By Aftab Alam, Chairperson

Reliance Telecom Ltd. is a telecom service provider. It has filed this petition seeking to challenge the imposition of penalty of Rs.1,09,20,000/- by the TERM Cell, Madhya Pradesh for breach of the norms for verification of the Customer Application Forms (CAFs). The penalties pertain to the audit for the months of July, August, September and October, 2012. The TERM Cell asked the petitioner to submit certain number of CAFs as samples for audit for those months. The petitioner was unable to submit a large number of CAFs from among the samples asked for from it. Resultantly, the TERM Cell imposed penalties, presuming all the CAFs that were not submitted before it as non-compliant with the prescribed guidelines and hence, liable to attract penalty. Given below is a table showing the number of CAFs demanded by the TERM Cell in each of the months in question, the number of CAFs which the petitioner was unable to submit and the amounts of penalty imposed, holding those CAFs to be non-compliant with the guidelines.

Sr. No.PeriodTotal number of CAFs requisitioned by TERM CellNumber of CAFs which the petitioner was unable to submitPenalty
1.July 201292064833,

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