Telecom Disputes Settlement and Appellate Tribunal
What is the Telecom Disputes Settlement and Appellate Tribunal?
In order to preserve the interests of telecom service providers and customers as well as to encourage and guarantee the orderly growth of the telecom industry, the Telecom Regulatory Authority of India Act of 1997 was amended in 2000, and the Telecom Disputes Settlement and Appellate Tribunal was established.
Under the terms of the TRAI Act, 1997 (as amended), the Information Technology Act, 2008, and the Airport Economic Regulatory Authority of India Act, 2008, the Tribunal has jurisdiction over disputes pertaining to telecom, broadcasting, IT, and airport tariffs. Regarding telecom, broadcasting, and airport tariff concerns, the Tribunal has both original and appellate jurisdiction. The Tribunal solely has appellate jurisdiction over cyber cases.
The Telecom Disputes Settlement and Appellate Tribunal comes under the Ministry of Communications, Department of Telecommunications.
Historical Evolution
In 1997, the Telecom Regulatory Authority of India Act (TRAI) came into effect. The Telecom Regulatory Authority of India (TRAI) was founded by this Act. The authority to give instructions to the service providers was granted to TRAI. The High Court heard appeals from TRAI rulings, and the Supreme Court heard appeals from those rulings. Civil court jurisdiction was denied. The Delhi High Court heard a challenge to the TRAI's adjudicatory powers, arguing that the agency lacked the authority to direct the Department of Telecom (DoT), acting in its capacity as a licensor. The High Court ruled that, in its capacity as licensor, the Government is not entitled to receive directives from TRAI.
The TRAI Act of 1997 was amended in 2000 with the goal of strengthening the regulatory framework, the dispute settlement mechanism, and bringing functional clarity to the telecommunications industry. The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) was established to decide appeals and settle disputes in order to safeguard the interests of telecom service providers and customers as well as to encourage and guarantee the industry's orderly growth. In January 2004, the government expanded the scope of the TRAI Act to cover cable services and broadcasting. Following the implementation of the relevant provisions of the Finance Act 2017, the TDSAT's jurisdiction has been expanded to include cases that are pending before both the Airport Economic Regulatory Authority Appellate Tribunal and the Cyber Appellate Tribunal.
Legislative Framework
1997 saw the enactment of the Telecom Regulatory Authority of India Act (TRAI). The TRAI Act of 1997 was amended in 2000 to improve the regulatory framework and the dispute settlement system in the telecommunications industry, and TDSAT was established to resolve disputes and handle appeals.
The Central Government appoints the Chairperson and two Members of the Tribunal. The Chief Justice of a High Court or a Judge of the Supreme Court ought to be the Chairperson, or ought to have been. A member must be well-versed in technology, telecommunication, industry, commerce, or administration, or they must have held the position of Secretary to the Government of India or any similar position in the Central or State Governments for a minimum of two years.
All members of the Appellate Tribunal, including the Chairperson, will serve in that capacity for a maximum of three years from the date of their appointment; however, neither the Chairperson nor any other member will continue in that capacity once they have reached the following age thresholds:
(a) seventy years for the Chairperson;
(b) sixty-five years for any other member.
The terms and conditions of service, as well as the salary and allowances payable to the Chairperson and other Members of the Appellate Tribunal, shall be as prescribed; however, neither the Chairperson's nor a Member of the Appellate Tribunal's other terms and conditions of service may be changed to the Member's detriment after appointment.
The Central Government shall appoint a replacement in accordance with the provisions of this Act in the event that a vacancy occurs in the Chairperson or Member of the Appellate Tribunal for a cause other than a temporary absence, and the Appellate Tribunal proceedings may commence at the time the vacancy is filled.
The Chairperson or any Member of the Appellate Tribunal may be removed from office by the Central Government if they have:
(a) been adjudged insolvent;
(b) been found guilty of a crime that the Central Government deems to involve moral turpitude; (c) have become physically or mentally incapable of performing their duties as Chairperson or Member;
(d) have acquired any financial or other interests that could adversely affect their ability to perform their duties as Chairperson or Member; or
(e) have abused their position to the point where it is no longer in the public interest for them to remain in office.
Procedure:
i. The Tribunal can regulate its own procedure;
ii. It is not bound to abide by the Code of Civil Procedure, 1908;
iii. The Tribunal is to be directed by natural justice principles;
The Tribunal possesses the same authority as a civil court under the Civil Procedure Code (CPC) with regards to:
i. summoning someone to appear and testify;
ii. demanding the production of documents;
iii. taking evidence in the form of affidavits;
iv. obtaining public records or documents, or copies thereof, from any office, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872;
v. appointing commissions to question witnesses or documents;
vi. reviewing the decisions made by the Tribunal;
vii. rejecting an application for default or ruling on it ex parte;
viii. overturning any dismissal order, default application, or ex parte order; and
ix. any other prescribed matter.
In order to assess the legitimacy, appropriateness, or accuracy of any ruling, order, etc. made by TRAI, the Tribunal may also request any documents pertinent to the resolution of a petition or appeal.
Nature of Proceedings:
i. With the exception of cyber cases, the Tribunal is the court of first instance.
ii. The Tribunal is considered a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974);
iii. Every proceeding before the Tribunal is deemed to be a judicial proceeding for the purposes of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code (45 of 1860);
iv. Orders passed by the Tribunal are enforceable as civil court decrees.
Appeals:
Only significant legal issues may be raised against the Tribunal's orders in the areas of telecom, broadcasting, and airport tariffs before the Supreme Court. Nonetheless, no appeal may be filed against an interlocutory order or any other judgment or order rendered by the Tribunal with the parties' consent. The High Court is the appellate court for appeals of Tribunal orders pertaining to Cyber matters.
Telecom Regulatory Authority of India Act, 1997:
The Central Government, a State Government, a local authority, or any individual aggrieved by any directive, decision, or order made by the authority may seek an appeal to the Appellate Tribunal, according to Section 14A of the Telecom Regulatory Authority of India Act, 1997.
Digital Personal Data Protection Act, 2023:
Section 29(1) of the Digital Personal Data Protection Act 2023 states, “Any person aggrieved by an order or direction made by the Board under this Act may prefer an appeal before the Appellate Tribunal.”
Section 30(1) of the Digital Personal Data Protection Act 2023 states, “An order passed by the Appellate Tribunal under this Act shall be executable by it as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.”
Telecommunications Bill, 2023:
Section 39 of the Telecommunications Bill, 2023, states that within thirty days of the date that the authorized entity or assignee receives a copy of the order, any person aggrieved by an order of the Central Government or the Designated Appeals Committee may file an appeal with the Telecom Disputes Settlement and Appellate Tribunal.
Section 41 of the Telecommunications Bill, 2023, states that any subject that the Central Government, the Adjudicating Officer, the Designated Appeals Committee, or the Telecom Disputes Settlement and Appellate Tribunal are authorized to decide will not fall under the jurisdiction of a civil court.
Digitisation Checklist
The Telecom Disputes Settlement and Appellate Tribunal website displays various judgements and orders passed by the tribunal, allowing users to access them case wise, diary number wise or date-wise.
The Tribunal website also allows users to access cause lists issued by the Tribunal according to the date the cause list was issued.
The cause list displays the case type, case number, appellant's name, respondent’s name, and the judge presiding over the hearing.
The Tribunal website also allows users to access case status reports according to the date of hearing.
The case status displays the diary number/year of case, case type, case number, date of filing, case status, courts where the case is listed, next listing date, next listing purpose, subject category of the case, petitioner details, respondents details, case proceeding details and order details.
The website also displays the list of pending cases before it, which can be accessed date wise by the users. It also shows the diary, case number, petitioner name, respondent name, petitioner advocate, and the date of filing.
The Tribunal website also shows all the cases disposed of by the Tribunal that can be accessed date wise. It also shows the diary number, applicant name, respondent name, date of filing, and date of disposal.
The Tribunal also provides links to the website of the Supreme Court of India, the websites of high courts, and the websites of all the Tribunals.
The website also allows users the facility of e-payment through the Bharatkosh website link.
