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TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Aftab Alam, Chairperson, Mr. Kuldip Singh, Member
Reliance Telecom Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. verification and compliance with licensing agreements are critical. (Para 1 , 3 , 4) |
| 2. penalties are imposed for failures in subscriber verification compliance. (Para 2 , 5 , 6 , 7 , 8 , 9) |
| 3. the principles of natural justice must be adhered to unless no different outcome is plausible. (Para 10 , 11) |
| 4. court upheld penalties based on non-compliance with verification protocols. (Para 12) |
JUDGMENT
Kuldip Singh:
In these petitions, penalties imposed by the respondent – Union of India, for violation of terms & conditions of license agreement with regard to verification of subscribers and failure to comply with clause 41.14 of the same, have been challenged.
2. Petitioners – M/s. Reliance Telecom Ltd. (Petition No. 273 of 2012) and M/s. Reliance Communications Ltd. (Petition No. 274 of 2012) have been granted Unified Access Services License (UASL) under Section 4 of the Indian Telegraph Act, 1885 for Madhya Pradesh Service area.
3. Before going into the facts of the case, we give a brief background of the customer verification process and its objective.
As per clause 41.14 [Part VI] of the UAS License Agreement, licensees are required, inter-alia, to do the following:-
(i)
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