The Delhi High Court upheld the Indian telecom regulator’s order that mandates telcos to compensate subscribers for call drops from January 1, 2016, dismissing all the petitions filed by COAI, AUSPI and 21 telecom operators, including Vodafone, and Bharti Airtel.
A Delhi High Court bench said that there is no dispute about the power of Trai to make regulation under section 36 of the Act.
“The impugned regulation has been made in exercise of the power conferred under the Act, keeping in mind the paramount interest of the consumer,” the bench said, adding that it is relevant to note that the regulations do not penalise every call drop but is limited only to three call drops a day per consumer.
The court said that it has not stayed the notification of the Trai since filing of the writ petition, therefore the telecom regulator is at liberty to implement its decision January 1, 2016 onwards.
Indian telcos had moved the high court seeking quashing of Trai’s regulation contending that it was a “knee- jerk reaction” which penalised them without proving any wrong-doing.
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