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2012 Supreme(Online)(TDSAT) 228

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
RELIANCE TELECOM LTD – Appellant
Versus
UNION OF INDIA – Respondent


ORDER

The Petitioner, a licensee under the Indian Telegraph Act, 1885 in respect of the circle of Assam, is before us, being aggrieved by and dissatisfied with a letter of demand dated 21.9.2012 whereby and whereunder it has been asked to deposit a sum of Rs.39.82 crores.

2. The said penalty has been imposed on the Petitioner’s failure to comply with the Respondent’s instructions dated 24.12.2008 and other circular letters whereby and whereunder the licensees are required to verify the customer’s CAFs within the time specified therein.

The relevant part of the impugned demand is as under :-

“6. Based on such discussion as mentioned in para 5 above, the CAF audit report has been finalized and penalty has been imposed as per the DoT letter No. 800-52/2008-VAS-III (Pt.) dated 24th December, 2008 and No. 800-14/2011-VAS dated 31.03.2011. The summary of audit report and penalty imposed are given below and also in annexure-1.

Month Sam ple Size No. of missing CAFs No. of invalid POA & POI due to recharge without valid reservati on No. of cases belongs to other category No. of missing CAFs and non compliant Photo/POI/ POA cases Correct subscriber Verification

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