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[Resolved]  Dish TV India Ltd. — Connection Ownership issue

Dear Sir/Madam,

I am a recent customer of dishtv, VC No. [protected].
I have purchased this on 25/12/2008 and i gave my lease bond paper as an address proof for the same to the dealer in which my owner's name was also written.
The dealer accidentally wrote his name (my house owner) instead of mine. Inspite of my regular complaints to the dealer and to the customer care center on your toll free no. I have found no respond to my problem and also the customer care executive put me on hold for 20 to 30 minutes and after me asking to speak to higher authority they didn't let me. So please put my name( Dr. Naveen Chauhan) instead of my house owner name(Mr. Ganesh)

Thanking you
Dr. Naveen Chauhan
[protected]
(Managalore, Karnataka)
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Complaint marked as Resolved Aug 14, 2020
Complaint comments  11 CommentsShareTweet

Comments

Dish TV — No assistance

I filed the complaint for my Dish TV connection on 15th Nov 2008 and today is 24th Nov 2008 but till now there is no assistance available. I have paid 1800 for the subscription charges for 6 months and daily we are loosing 10 rupees. My Complaint no. is 17624571. Now i don't want to continue any service with dish tv and want my money back 1800 rs. so please help me regarding this and take some hard steps against them.

Dish TV — Rude behaviour of Costumer Care Executive of Dish TV

I am having a dist tv connection.Some channel for my have been deactivated all of a sudden. One of the customer care executive Mr. Sachin while calling picked up the phone. His behaviour towards solving the problem was very unprofessional. He was very rude while talking.

Dish TV — Discontinuation of service without prior intimation

Dear Sir,
We are using Dish tv for last one year, cheque was given on 3rd july08 dated same. From Saturday, 4th july09, suddenly most of the channels, almost 99% stopped functioning. This was done without any intimation to us. After contacting there toll free no we were told that our subscription is over on 3rd july as one year is over.We tried to renew the same on company's website on 4th july as well as on 5th july no of times, but website is not functioning properly & payment was not accepted, neither thru credit card nor thru' net banking.
Being sunday their dealer was closed & hence no assistance was available. This we informed no of times customer care & requested to start the services & to collect payment immed in cash/ch which they said possible thru only dealer.
Today being National budget, TV was very imp to view the budget which is denied to us by adamant attitude of Dish TV.
I request you to look into this horrible attitude of Dish TV of not giving any prior intimation & to stop services arbitrarily without making any efforts on their behalf to collect payments.

thanks
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Well i give you the email id of dishtv customer care, just mail your concern their for quick resolution of your complaint with your complete details like VC NO, Address and contact number.

Email id; [protected]@dishtv.in

DISH T.V.INDIA — nON AVAILABILITY OF TV CHANNELS

Dear sir,

Subject:Dish TV. India Subscription Platinum Package
VC NO- [protected]

We are unable to view any channels since this morning.Kindly arrange to activate immediately and oblige.

Thanking you,

M.V.Gopalkrishnan.
08/12/2009
Please forward my complaint.
Thanks,
M.V.Gopalkrishnan
Dishtv staff in customer care is a bundle of cheats, they subscribe paid channels without your consent and later on harrass for the said subscription. They hardly tell you the name and details of nodal officer. If by chance you get, Nodal officer is also his group member and hardly do anything. Best way is to create a public openion about such cheaters and make regular complaints to the Telcom Regulatory Authority of India [protected]@del2.vsnl.net.in . This office is the Goad father of all telcom and broad band service providers. The address is : Mahanagar Door Sanchar Bhawan, Next to Jakir Hussen College, Delhi-110002. For more information go to TRAI web site. DONT BELIEVE DISTTV CHEATERS AND EXPOSE THEM IN PUBLIC. THIS IS THE BEST TREATMENT TO THEM IN THE LONG RUN.
I have been cheated and harassed twice in 6 months.
Raghav
let me put the actual story.
10/03/11



To

The Nodal Officer

Dish TV India Ltd

B-10, Essel House, Lawrance Road Industrial Area

New Delhi-110035



Subject: Complaint against customer care for arbitrary behaviour and providing misleading information and illegal deactivation of our connection



Sir



The Dish Tv connection (VC no [protected] transferred to [protected]-3) was recharged on 24/09/2010 under scheme where customer was to pay for 5 months to get 6 month subscription, We got the connection recharged under that scheme through your authorised dealer on the advice of customer care staff. Later on we found that our connection has been recharged only for 5 months and not for 6 months as assured by your authorised dealer. When I made a complaint against this, the customer care staff denied to owe the commitment made by dealer through scheme. However, after lots of writings we got the message from customer care that the they have given 6 months subscription as per scheme and hence our next due date was 23 March 2011.


Now today suddenly our connection was deactivated. When I talked to customer care staff one Mr. Arvind, he told that in addition to platinum plan of 325/- we have also subscribed some other paid channels like UTV or something like. This is to our surprise. When I asked for any proof for activation of additional channels from our side, he could not give any answer and kept on hanging me for 30 minutes and finally answered the same reply that we have subscribed additional channels of Rs. 33 per months (which actually we neither request nor noticed due to lack of interest in any specific channel beyound platinum pack) When we asked nodal officer's details for further perusing the matter, he disconnected the call. I again phoned on the customer care, this time one Ms Sneha picked the call. She also could not give any satisfied answer for proof of subscription of additional channels. She informed that we have been charged for those additional channels and now that is why our subscription has been ended on 9th march instead of 23rd march. she told that we have to pay Rs. 20/- for activating the connection and if we don’t want she can get those additional channels deactivated in future. But what has already been charged for additional channels will not be refunded or adjusted as the channels were activated. When weI asked for the details of nodal officer she bluntly refused to give any details about the nodal or appellate authority. On my insistent she only agreed to connect to some other person. When we asked for the name and designation of other person she refused to tell. When we agreed to talk to that other person she pretended not to be sure about his/her availability and asked my no. to call from her side in a few minutes. we kept on waiting for more 4 hour and thereafter no call was received ever. It was very surprising to observe that the customer care staff was working in a suspicious manner keeping the transparency completely hidden. Thereafter, after 2-3 hours exercise on the net we have got this email and address of nodal officer. If that is correct we hope that my complaint is taken on priority and the functioning of the customer care should be set right. Either we must be provided the evidence of the fact that we subscribed those so-called additional challis @33/chellas or my connection immediately me restored till 3rd March as per my payment. This is the second time we have been caused to inconvenience by the company. This is unfortunate that due to some incompetant and rude staff the customers are suffering. Kindly see into it urgently and restore the connection.

C.S. Raghav

Ph-[protected]

VC no [protected] transferred to [protected]-3




--- On Thu, 10/3/11, customercare <[protected]@dishtv.in> wrote:


From: customercare <[protected]@dishtv.in>
Subject: Does your resolution means that I Have been cheat
To: [protected]@yahoo.com
Date: Thursday, 10 March, 2011, 10:41 PM


Dear Sir,

Thank you for writing to dishtv.

We would like to inform you that pay term offer has already been credited in your VC [protected].

We value your association and assure you of our commitment to serve you with a smile.

Regards,
Himanshu Taneja
Customer service
DISHTV


Did our response resolve your query? Please Click on the link below to give us your valuable feedback.
http://202.46.200.213/PaymentAuditDetails/CustomerFeedback.aspx?Mid=[protected]@...

For any further clarification or assistance if required, please feel free to revert on same e-mail id or contact us on below mentioned numbers:

Only for BSNL/MTNL lines[protected]
For all non BSNL/MTNL lines :[protected]

From all phone lines[protected]

You SMS, We Call
Now to talk to us you don't have to call us. Simply SMS DISHTV CALL ME TO 57575 from your registered Mobile Number and we will call you back promptly.
To register your mobile number SMS dishtv RMN <11 digit VC No.> to 57575

[protected][protected][protected][protected][protected][protected][protected][pr...
Dear Sir
Your authorised dealer M/S India Electronics Dilshad Colony recharged my bill under your "pay 5 get 6 offer" and assured me to get 6 months subscription, which you are disowning. Can you tell me why should I suffer for the misdeed of your authorised dealer. If your dealer has committed wrongly, you should penalize him for the same, not me. Therefor, you are once again requested to extend the committed one month subscription as per committment of your dealer under the scheme.
Raghav
--- On Thu, 30/9/10, customercare <[protected]@dishtv.in> wrote:


From: customercare <[protected]@dishtv.in>
Subject: Does your resolution means that I Have been cheat
To: [protected]@yahoo.com
Date: Thursday, 30 September, 2010, 8:19 AM


Dear Sir,

Thank you for writing to dishtv.

We would like to inform you that the M/s India Electronics is the authorised dealer of dishtv.

We value your association and assure you of our commitment to serve you with a smile.

Regards,
Sajad Zahoor.
Customer service
DISHTV

Did our response resolve your query? Please Click on the link below to give us your valuable feedback.
http://202.46.200.213/PaymentAuditDetails/CustomerFeedback.aspx?Mid=[protected]@...

For any further clarification or assistance if required, please feel free to revert on same e-mail id or contact us on below mentioned numbers:

Only for BSNL/MTNL lines[protected]
For all non BSNL/MTNL lines :[protected]

From all phone lines[protected]

You SMS, We Call
Now to talk to us you don't have to call us. Simply SMS DISHTV CALL ME TO 57575 from your registered Mobile Number and we will call you back promptly.
To register your mobile number SMS dishtv RMN <11 digit VC No.> to 57575

[protected][protected][protected][protected][protected][protected][protected][pr...



Dear Sir
Please inform me if M/s India Electronics, D-57-Dilshad Colony, New Delhi-110095 is your authorised dealer or agent for recharging Dish- TV Bills. Your customer care person directed me to deposit my monthly bill to this delear as it was nereast to me.

C.S. Raghav
Cell: [protected]
Make a complaint to:

The Nodal Officer
Dish TV India Ltd
B-10, Essel House, Lawrance Road Industrial Area
New Delhi-110035
email: [protected]@dishtv.in

Dish TV Head Office
FC-19, Sec 16A, Film City, Noida -201301
Ph[protected]

Telcom Regulatory Authority of India
[protected]@trai.gov.in
Read this consumer book for solving your problems



Consumers’ Handbook on
Telecommunications
Telecom Regulatory Authority of India
(ISO 9001:2000 Certified)
Mahanagar Doorsanchar Bhawan
Jawaharlal Nehru Marg
(Old Minto Road)
New Delhi – 110 002
Phone: +[protected]; Fax:[protected]
Website: www.trai.gov.in
FOREWORD
The telecom sector in India has, over the last few years,
witnessed a significant growth and the number of subscribers is very
large. Increasingly the subscriber base is also extending to the rural
areas. There is also intense competition amongst service providers
with the objective of improving their subscriber base.
From time to time, the Telecom Regulatory Authority of India
has been issuing various regulations and orders to protect the
interests of the consumers of telecom services. It is important that
consumers are aware of these so that their rights and privileges can be
effectively safeguarded.
This handbook contains some of the important Regulations,
directions and orders issued by the Authority from time to time. I hope
that the consumers of telecom services and the Consumer Advocacy
Groups will find this book useful.
(Dr. J. S. SARMA)
CHAIRMAN
New Delhi
Dated: 3rd November, 2010
Content Disclaimer
This handbook has been published for the assistance, education and
information of the consumers of telecommunication sector and information
contained therein is general in nature, condensed from the original
telecommunication tariff orders, directions and regulations. Full text of
these telecommunication tariff orders, directions and regulations are
available on TRAI’s website www.trai.gov.in. The users may refer to the TRAI
Act, 1997 (24 of 1997), as amended from time to time and to the text of
telecommunication tariff orders, directions and regulations and their
amendments, as published in the Gazette of India/TRAI’s website before
taking any legal recourse. Under no circumstances shall the Telecom
Regulatory Authority of India be liable for any loss, damage, liability or
expense incurred or suffered that is claimed to have resulted from the use
of material contained in this handbook, including, without limitation, any
error or omission, with respect thereto.
1
TABLE OF CONTENTS
CHAPTER –1: REGULATORY FRAMEWORK... 3
CHAPTER – II: TELECOMMUNICATION REGULATIONS... 6
A. Telecom Consumers Protection and Redressal of Grievances Regulations,
2007 (3 of 2007) dated 4.5.2007...6
B. The standards of Quality of Service of Basic Telephone Service (Wire
line) and Cellular Mobile Telephone Service Regulations 2009 (7 of
2009) dated 20th March 2009 ...12
C. Telecommunication Consumers Education and Protection Fund
Regulations 2007 (6 of 2007) dated 15.6.2007...15
D. Code of Practice for Metering and Billing Accuracy Regulations, 2006 (5
of 2006) dated 21st March 2006 ...16
E. Telecom Unsolicited Commercial Communication Regulations, 2007 (4
of 2007) dated 05.06.2007 as amended on 17th March 2008 ...17
F. Telecommunication Mobile Number Portability Regulations, 2009 (8 of
2009) dated 23rd September 2009 ...19
G. Telecommunication Mobile Number Portability Per Port Transactions
Charge and Dipping Charge Regulations, 2009 (9 of 2009) and the 49th
Tariff Amendment Order dated 20th November 2009...20
CHAPTER –III: TELECOMMUNICATION TARIFF ORDERS ... 22
3.1 Protection against hike in tariff ...22
3.2 Tariff plan with longer validity including lifetime tariff plans ...22
3.3 Reduction in tariffs for roaming services...23
3.4 Guidelines for Prepaid Subscribers...24
3.5 Incoming calls during full validity...25
3.6 Provision of hard copy of the bill free of cost to Postpaid Subscribers ...25
3.7 Transparency in Tariff Offers ...26
3.8 Tariff for porting of a mobile number...27
CHAPTER – IV: TELECOMMUNICATION DIRECTIONS... 28
4.1 Refund of security deposit ...28
2
4.2 Credit limit for postpaid subscribers ...28
4.3 Tariff plans with misleading titles ...29
4.4 Value added service ...30
4.5 Premium rate services ...31
4.6 Supply of complete details of the Tariff Plan on activation of service...32
4.7 Docket Number for Customer Complaints and Termination of Service ...32
4.8 Registration of Subscribers and Provision of Telephones without
Discrimination...33
4.9 Carry forward o[censored]nused balance during grace period...33
4.10 Information to be included in the Telephone bills ...34
4.11 Transparency in tariff offers ...36
CHAPTER –V: BROADCASTING AND CABLE SERVICES ... 38
CHAPTER – VI: FREQUENTLY ASKED QUESTIONS (FAQS) ... 44
3
CHAPTER –1: REGULATORY FRAMEWORK
1.1 The Telecom Regulatory Authority of India (TRAI) was established in
1997 through an Act of Parliament, viz., the Telecom Regulatory
Authority of India Act, 1997. Telecom Regulatory Authority of India’s
mission is to ensure that the interests of consumers are protected
and at the same time to nurture conditions for growth of
telecommunications, broadcasting and cable services in a manner
and at a pace which will enable India to play a leading role in the
emerging global information society. For achieving these objectives,
the Authority issues from time to time regulations, directions, orders
or guidelines with the focus on:
• Transparency in decision making by affording an opportunity to all
stakeholders.
• Providing consumer with adequate choice, affordable tariffs and
high quality of service.
• Promoting level playing field and fair competition among service
providers.
• Access to world class quality telecommunications, broadcasting
and cable services.
• Promoting efficiency in operations in all the tiers of the industry.
• Adoption of emerging technologies within the framework of a
technology neutral policy.
• Ensuring technical compatibility & effective interconnection
between service providers.
1.2 TRAI gives highest importance for consumer protection as it is
embodied in the preamble to the Act, reproduced below: -
“An Act to provide for the establishment of the Telecom Regulatory
Authority of India and the Telecom Disputes Settlement and
Appellate Tribunal to regulate the telecommunication services,
4
adjudicate disputes, dispose of appeals and to protect the interests
of service providers and consumers of telecom sector to promote
and ensure orderly growth of the telecom sector and for matters
connected therewith or incidental thereto.”
1.3 The framework for consumer protection, mandated as one of the
functions of TRAI under the TRAI Act, is as under: -
“Lay-down the standards of quality of service to be provided by the
service providers and ensure the quality of service and conduct the
periodical survey of such service provided by the service providers so
as to protect interest of the consumers of telecommunication service.”
1.4 TRAI has laid down the standards of quality of service regulations for
protecting the interest of consumers. Details of the Regulations are
given in Chapter 2 ‘Telecommunication Regulations’. Though, the
regulations have helped in the orderly growth of the
telecommunication sector, the consumers expect the Authority to
resolve and redress their complaints and grievances.
1.5 With the consumer base crossing 706 million mark in August 2010
and still growing, dealing with individual complaints by the Authority
is practically not possible. Complaints received in TRAI, however,
serve the purpose of monitoring the health of the sector. Many a
regulations, directions and orders issued by TRAI have their roots in
the complaints received in TRAI from the consumers. The highlights
of the important regulations are given in Chapter II
‘Telecommunication Regulations’; tariff orders in Chapter III,
‘Telecommunication Tariff Orders’ and directions in Chapter IV
‘Telecommunication Directions’. Chapter V deals with issues relating
to Broadcasting and Cable services and Chapter VI contains
Frequently Asked Questions (FAQs).
5
1.6 Under the TRAI act, the authority responsible to settle disputes
between a service provider and a group of consumers is the +
‘Telecom Disputes Settlement and Appellate Tribunal’ (TDSAT) set up
by the Central Government. The relevant provisions in the act
regarding settlement of disputes are reproduced below:–
“The Central Government shall, by notification, establish an Appellate
Tribunal to be known as the Telecom Disputes Settlement and
Appellate Tribunal to –
(a) Adjudicate any dispute –
(i) Between a licensor and a licensee;
(ii) Between two or more service providers;
(iii)Between a service provider and a group of consumers;
PROVIDED that nothing in this clause shall apply in respect of
matters relating to –
(A) The monopolistic trade practice, restrictive trade practice and
unfair trade practice which are subject to the jurisdiction of the
Monopolies and Restrictive Trade Practices Commission
established under sub-section (1) of section 5 of the Monopolies
and Restrictive Trade Practices Act, 1969 (54 of 1969;)
(B) The complaint of an individual consumer maintainable before a
Consumer Dispute Redressal Forum or a Consumer Dispute
Redressal Commission of the National Consumer Redressal
Commission established under section 9 of the Consumer
Protection Act, 1986 (68 of 1986;)
(C) The dispute between telegraph authority and any other person
referred to in sub-section (1) of section 7B of the Indian Telegraph
Act, 1885 (13 of 1885;)
(b) Hear and dispose of appeal against any direction, decision or
order of the authority under this Act.”
6
CHAPTER – II: TELECOMMUNICATION REGULATIONS
2.1 One of the important functions of the Telecom Regulatory Authority of
India is to ensure orderly growth of Telecommunication Services. In
exercise of the powers conferred upon it under Section 36 of the TRAI
Act, the Telecom Regulatory Authority of India has notified several
regulations to protect the interest of consumers of telecom sector and
to promote and ensure orderly growth of the sector. This Chapter
highlights some of the important aspects of the consumer centric
regulations notified by TRAI from time to time.
A. Telecom Consumers Protection and Redressal of Grievances
Regulations, 2007 (3 of 2007) dated 4.5.2007
2.2 There is no provision in the TRAI Act for redressal of individual
consumer complaints by the Authority. As per the TRAI Act,
individual complaints are maintainable before the consumer disputes
redressal fora/commissions established under Consumer Protection
Act of 1986. Taking cognizance of the fact that going to a disputes
redressal forum or commission is time consuming and also costly
compared to the telecom issues at stake, the Authority, through the
Telecom Consumers Protection and Redressal of Grievances
Regulations, 2007, has sought to establish an institutional
mechanisms for resolution of consumers’ grievances, within the
company, at the level of Call Centre, Nodal Officer and appellate
authority.
2.3 The salient features of the Regulations are:-
a. Provision of Call Centre
i. The first level for the consumers to register their complaint is
the Call Centre.
7
ii. Consumers can contact the Call Centre of service provider on
toll free numbers.
iii. The Call Centre has to communicate the docket number of the
complaint to the consumer after registration.
iv. Complaints pertaining to fault repair, service disruption and
disconnection of service have to be attended within a maximum
period of 3 days.
v. Other complaints to be attended by the Call Centre within a
maximum period of 7 days, subject to time limits laid down in
Regulations on Quality of Service.
vi. The Call Centre has to intimate the action taken on the
complaint and also the contact details of the Nodal Officer
(including his name, telephone no. and address) to the
customer.
b. Provision of Nodal Officer:-
i. In case the consumer is not satisfied with the redressal of his
grievance at the Call Centre level or in case the Call Centre
does not attend to the complaint within the prescribed time
limit, he can approach the Nodal Officer for redressal of his
grievance.
ii. All grievances received by the Nodal Officer with respect to fault
repair, service disruption and disconnection of service to be got
redressed within a maximum period of 3 days.
iii. Other grievances to be redressed by the Nodal Officer within a
maximum period of 10 days of the registration of the grievance.
8
iv. Nodal officers to communicate within three days from date of
the receipt of the complaint, the unique complaint number to
the consumer.
v. Intimate the consumer about the resolution or decision thereon
within the time limit specified.
c. Provision of Appellate authority:-
i. In case the consumer is still not satisfied with the redressal of
his grievance by the Nodal Officer or in case his complaint is
not redressed by the Nodal Officer within the time limit
specified or no reply is received regarding resolution of the
complaint from Nodal Officer, he can appeal to the appellate
authority of the service provider for redressal of his grievance.
ii. Appellate Authority to decide every appeal within 3 months.
d. Manual of Practice for handling consumer complaints:-
The service provider has to publish a Manual of Practice for handling
consumer complaints containing the terms and conditions of service,
details of Call Centre, Nodal Officer and appellate authority including
time limits for redressal of grievances and other information which
affects the consumers and provide the same to each consumer at the
time of his subscription to the service.
e. Supply o[censored]sage details to prepaid subscribers
Another complaint often received from the pre-paid subscribers is
regarding non-availability o[censored]sage details/ itemized bills. Since it is
technically possible to provide itemized usage details, it is now
compulsory for the service provider to supply information relating to
itemized usage charges on payment of a reasonable cost not
9
exceeding Rs.50/-, in case a subscriber demands such details for any
period preceding six months immediately before the month in which
the request has been made by the consumer.
f. Time Limit for request or redressal of complaint at Call Center
i. The time limit for service request or redressal of complaint of
consumers at the Call Centers under various service
parameters is given in table 2.1:
Table 2.1: Time Frame for complaint redressal at Call Center
(Basic and Cellular Mobile Telephone Service)
Serial
Number
Service Parameter Time Limit for service
request or redressal of
complaint
i. Provision of Telephone All cases within seven days
(subject to technical feasibility)
ii. Fault Repair Within three days
iii. Shift of telephone connection Within three days
iv. Termination / Closures Within 07 days
v. Resolution of billing /
charging complaints
All billing / charging
complaints to be resolved
within four weeks
vi. Period of applying
credit/waiver / adjustment
to customers account from
date of resolution of
complaints
Within one week of resolution
vii. Time taken for refund of
deposits after closure
All cases of refund of deposits
to be made within 60 days
after closure
10
ii. The Regulation also stipulates time schedule for Broadband
Services. Service provisioning for broadband has to be done
within 15 days, subject to technical feasibility. Fault repair and
restoration of service is to be done in 3 days. Parameters for
billing and refund of deposits after closure are same as for Basic
and Cellular Mobile Telephone Services indicated in the table
No. 2.1.
iii. Time frame for redressal of grievances by Nodal Officer and
appellate authority is given in table 2.2 & 2.3 respectively.
Table 2.2: Time Frame for complaint redressal by the Nodal
Officer (All Services)
Serial
Number
Service Parameter Time Limit for
redressal of complaint
i. Complaints relating to fault or
disruption/disconnection of
service.
Within 3 days
ii. All other complaints Within 10 days
Table 2.3 : Time Frame for complaint redressal by the Appellate
Authority (All Services)
Serial
Number
Service Parameter Time Limit for disposal
of appeal
i. Appeals against the decision or
non redressal of the grievance
by the Nodal Officer
Within 3 months
11
Note:-
1. The Authority had issued a direction on 29th August 2006 on
termination of service. It was provided therein that service
shall be terminated in all cases within 24 hours, in case of
request is made in writing, within 03 days in case the request
is made through fax / email ID registered with service provider
and 7 days in case the request is made through telephone, SMS
or email (other than those registered with the service provider).
With the implementation of new regulation on standards of
Quality of Service of Basic Telephone Service (Wire line) and
Cellular Mobile Telephone Service Regulations 2009
(7 of 2009) dated 20th March 2009 effective from 1st July 2009,
the time period for closure shall not be more than 07 days
uniformly irrespective of the means of requests.
2. Service parameters and time limits indicated at serial numbers
(i), (ii) and (iii) are applicable to Basic (wire line) Service only.
The others are applicable to both Basic as well as Cellular
Mobile Telephone Services.
3. The Authority is in the process of reviewing the Telecom
Consumers Protection and Redressal of Grievances Regulations
to ensure the effectiveness of various regulatory provisions and
to improve the grievance redressal system. The Authority has
issued a consultation paper on Review of measures to protect
interest of consumers in telecom sector on 2nd August 2010.
12
B. The standards of Quality of Service of Basic Telephone Service
(Wire line) and Cellular Mobile Telephone Service Regulations
2009 (7 of 2009) dated 20th March 2009
2.4 The TRAI Act provides that the Authority shall lay-down the
standards of quality of service to be provided by the service providers.
The purposes of laying down the standards of quality of service are:-
i. to create conditions for consumer satisfaction by making
known the quality of service, which the service provider is
required to provide, and the user has a right to expect.
ii. to measure the Quality of Service provided by the Service
Providers from time to time and to compare them with the
norms so as to assess the level of performance.
iii. to generally protect the interests of consumers of
telecommunication services.
2.5 The first Regulation on Quality of Service of Basic and Cellular Mobile
Telephone Services was notified in July 2000. The standards of
quality of service regulation of 2009 is a comprehensive one
containing quality of service parameters for Basic Telephone Service,
Cellular Mobile Telephone Service, network service quality
parameters, customer service parameters, customer perception of
services and record keeping, reporting and publication of quality of
service performance.
2.6 The important parameters on quality of service (QoS) and the
benchmarks for meeting the parameters by the service providers are
given in table 2.4.
13
Table 2.4 : Important QoS parameters (Basic and Cellular Mobile
Services)
Sl. No. QoS parameter Benchmark
i) Provision of landline telephone after
registration
100% within 7 days
(subject to technical
feasibility)
ii) Shifting of telephone (landline) Within 3 days.
iii) Fault repair in urban areas (landline) 100% within 3 days.
iv) Fault repair in rural and hilly areas
(landline)
100% within 5 days.
Rent rebate
Faults pending for > 3
days and < 7 days : 7
days.
Faults pending for > 7
and <15 days : 15 days
Faults pending for > 15:
one month
v) Resolution of billing/ charging
complaints
100% within 4 weeks.
vi) Period of applying credit/adjustment to
customer’s account.
Within one week of the
resolution of the
complaint.
vii) Termination/closure of service Within 7 days.
viii) Refund of security deposit after closure 100% within 60 days.
2.7 The Quality of Service of Broadband Service Regulations 2006 (11 of
2006) notified by the Authority on 06th October 2006 still continues to
be in force. The important parameters are given in Table 2.5.
14
Table 2.5 : Important QoS parameters (Broadband)
Sl.
No.
QoS parameter Benchmark
i) Service
provisioning/activa
tion time
100% cases in < 15 working days (subject to
technical feasibility)
ii) Fault
repair/restoration
time
99% within 3 days.
Rebate:Faults pending for > 3 days and < 7
days : rebate equivalent to 7 days of minimum
monthly charge or usage allowance.
Faults pending for > 7 and <15 days : rebate
equivalent to 15 days of minimum monthly
charge or usage allowance.
Faults pending for > 15: one month rebate
equivalent to 1 month of minimum monthly
charge or usage allowance.
iii) Resolution of
billing complaints
100% within 4 weeks
(iv) Refund of deposits
after closure
100% within 60 days.
(v) Broadband
connection speed
(download)
Subscribed broadband connection speed to be
met > 80% from ISP Node to user.
15
C. Telecommunication Consumers Education and Protection Fund
Regulations 2007 (6 of 2007) dated 15.6.2007
2.8 Establishment of a Telecommunication Consumers Education and
Protection Fund (TCEPF) by utilizing the unclaimed and unrefunded
moneys of the consumers lying with the service providers is a novel
concept.
2.9 Under various Directions or Orders issued by the Authority from time
to time, a significant amount of money became due for refund to a
large number of consumers but the same could not be refunded to
them for different reasons by the concerned service providers. The
Authority had asked the service providers to keep such money in
separate accounts. The retention of such moneys, which actually
belong to the consumers, by the service providers would amount to
their undue or unjust enrichment. After considerable deliberations,
the Authority was of the view that there should be an institutionalized
mechanism for utilizing such moneys for activities aimed at
promotion of telecommunication consumers’ education and
protection. Accordingly the Authority notified a regulation on
telecommunication consumers’ education and protection fund
prescribing the manner of collection and utilization of the unclaimed
amount lying with the service providers in separate accounts or may
become due for transfer later.
2.10 Any expenditure from the TCEPF is to be incurred on the
recommendations of the Committee for Utilisation of
Telecommunication Consumers Education and Protection Fund, duly
constituted as per the provisions in the Regulations. The Committee
consists of the representatives of the service providers, consumer
organizations and officers from TRAI. Only the income from the fund
is used for meeting the expenses. The income from the fund is utilized
for the following purposes:-
16
(a) to undertake programmes to educate the consumers of the
Telecommunication services about various measures taken by
the Central Government or TRAI for protecting the interests of
consumers of telecommunication services;
(b) to conduct studies and market research projects, either directly
or through specialized agencies or institutions on matters
relating to protection of the interests of consumers of
telecommunication services;
(c) to organize seminars, symposia and workshops on the subject
of consumer welfare and consumer education in the field of
telecommunication.
D. Code of Practice for Metering and Billing Accuracy Regulations,
2006 (5 of 2006) dated 21st March 2006
2.11 In order to protect the interest of subscribers and to ensure that
subscribers are accurately charged, the need for carrying out an
audit of the metering and billing system of different service providers
was felt. The auditing of the billing systems of mobile operators
revealed that while the billing system being followed by various
operators are comparable to the systems being deployed by major
international players, some of the processes / procedure being
followed by the mobile operators needs streamlining.
2.12 As a follow up to the audit of the billing system of the mobile
operators, the Authority developed a code of practice for metering and
billing accuracy, which was notified as a regulation called Quality of
Service (Code of Practice for Metering and Billing Accuracy)
Regulation in March 2006. As per the code of practice, before a
customer is enrolled as a subscriber of any telecommunication
service, he should be provided detailed information relating to the
tariff for using a particular service. Further, the service
provider should inform the customer in writing within a week of
activation of service complete details of his tariff plan.
17
2.13 In addition to the above, the following information should also be
provided to the subscriber:
a. Quantity related information (e.g. Charges for SMS message or
kilobyte data transmitted).
b. Accuracy of measurement of time, duration and of quantity and
also the resolution and rounding rules.
c. Contractual terms and conditions of supply, restriction and
cessation of service.
d. Charges for value added services (e.g. Download of content
such as film clip or ring tone) or entry to an interactive service
such as game.
2.14 This Regulation also provides for auditing of metering and billing
system of the service providers through a panel of Auditors notified by
the Authority. The audit acts as a deterrent and helps improve the
billing system thereby reducing the incidences of inaccuracy.
E. Telecom Unsolicited Commercial Communication Regulations,
2007 (4 of 2007) dated 05.06.2007 as amended on 17th March
2008
2.15 In order to curb menace o[censored]nsolicited commercial
communications/telemarketing calls, TRAI had notified the Telecom
Unsolicited Commercial Communications Regulations, 2007 (4 of
2007) dated 5th June 2007. Consequently the National Do Not Call
Registry (NDNC) had been established which is primarily a national
database containing list of telephone numbers of all such subscribers
who do not want to receive unsolicited calls/SMSs.
18
2.16 In case any subscriber receives unsolicited commercial
communication after expiry of forty five days from the date of his
request for registration in the National Do Not Call Register, he may
make a complaint, mentioning the call originating telephone number,
to his service provider. Every complaint shall be made by a subscriber
within fifteen days of receipt o[censored]nsolicited commercial
communication by him
2.17 The service provider, within seven days of the receipt of the
complaint, acknowledges and verifies validity of the complaint and
forward the complaint to the service provider from whose network
such unsolicited commercial communication originated (Originating
Access Provider).
2.18 The Originating Access Provider, to whom the complaint has been
forwarded has to investigate the nature of call so received. Financial
disincentives have been prescribed for discouraging the telemarketers
from making unsolicited commercial calls/SMSs to those subscribers
registered with the NDNC.
Note : TRAI is in the process of reviewing the UCC Regulation and has come
out with a consultation paper on ‘Review of Telecom Unsolicited
Commercial Communications’ .
19
F. Telecommunication Mobile Number Portability Regulations, 2009
(8 of 2009) dated 23rd September 2009
2.19 The Mobile Number Portability (MNP) allows subscribers to retain
their existing mobile telephone number when they move from one
access provider to another irrespective of the mobile technology or
from one cellular mobile technology to another of the same access
provider, in a licensed service area. The MNP Regulations seek to
provide a framework governing all relevant aspects of MNP.
2.20 Salient features of the MNP under these regulations are as follows:
i. MNP facility shall be available only within a given licensed
service area.
ii. A subscriber holding a mobile number is eligible to make a
porting request only after 90 days of the date of activation of
his mobile connection. If a mobile number is already ported
once, the number can again be ported only after 90 days from
the date of the previous porting.
iii. The subscriber desiring to port his mobile number should
approach the Recipient operator (the operator to whom the
subscriber wants to port his number). The subscriber may be
required to pay porting charge up to a maximum of Rs.19/- to
the Recipient Operator.
iv. The postpaid subscriber making the porting request is required
to have cleared all the bills issued prior to the date of porting
request. He shall give an undertaking that he has already paid
all billed dues to the Donor Operator as on the date of the
request for porting and that he shall pay dues to the Donor
Operator pertaining to the mobile number till its eventual
porting and that he understands and agrees that in event of
non-payment of any such dues to the Donor Operator, the
ported mobile number shall be liable to be disconnected by the
Recipient Operator.
20
v. A subscriber may withdraw his porting request within 24 hours
of its submission to the Recipient Operator. However, the
porting charges shall not be refundable.
vi. The regulation envisages a maximum time period of 4 days for
the completion of porting process in all licensed service areas
except in the case of J&K, Assam and North East licensed
service areas where the maximum time allowed is 12 days.
However, efforts will be made to further reduce the porting
period.
vii. The customer is required to insert new SIM to access the
service of the new operator after porting.
viii. The date of launch of MNP facility to the customer would be
decided by the Government.
G. Telecommunication Mobile Number Portability Per Port
Transactions Charge and Dipping Charge Regulations, 2009 (9
of 2009) and the 49th Tariff Amendment Order dated 20th
November 2009
2.21 The Telecommunication Mobile Number Portability Regulations 2009,
provides three types of charges, viz. Per Port Transaction Charge,
Dipping Charge and Porting Charge. These charges are:-
i. ‘Per Port Transaction Charge’ means the charge payable by the
Recipient Operator (the operator, where the subscriber is willing
to port his number), to the Mobile Number Portability Service
Provider for processing the porting request of a mobile number.
ii. ‘Dipping Charge’ means the charge payable by an Access
Provider or an International Long Distance Operator, to the
Mobile Number Portability Service Provider for dipping of each
message.
21
iii. ‘Porting charge’ means such charge as may be payable by the
subscriber to the Recipient Operator, for porting his mobile
number.
iv. Per Port Transaction Charge shall be Rs.19/- (Rupees Nineteen
only)
v. Dipping Charge is left to mutual negotiation between the Telecom
Service Providers and the respective MNP service providers.
vi. Porting Charge, i.e. the amount to be paid by the subscriber
shall not be more than the per port transaction charge which is
currently Rs.19/-. The operators are free to charge any amount
less than or equal to this charge.
22
CHAPTER –III: TELECOMMUNICATION TARIFF ORDERS
3.0 Telecommunication Tariff is one of the important issues
concerning the consumers. The Telecom Regulatory Authority of
India Act, 1997, therefore, specifically provides that the Authority
may from time to time notify in the official gazette the rates at
which the telecommunication services shall be provided within
India and outside. Accordingly, the Authority notified the first
tariff order called the Telecommunication Tariff Order, 1999 in
March 1999. During the course of the years, the TTO 1999 has
undergone several changes and amendments. Some of the
important consumer centric tariff orders are discussed in this
chapter.
3.1 Protection against hike in tariff
i. A tariff plan once offered by an access provider shall be
available to a subscriber for a minimum period of six months
from the date of enrolment of the subscriber to that tariff plan.
ii. The subscriber shall be free to choose any other tariff plan,
even during the said six months period. All requests for change
of plan shall be accepted and implemented immediately or from
the next billing cycle.
[TTO 31st Amendment Order No. 301-2/2004/Eco. dated 07th July 2004]
3.2 Tariff plan with longer validity including lifetime tariff
plans
i. Any tariff plan presented, marketed or offered as valid for any
prescribed period exceeding six months or as having lifetime or
unlimited validity in lieu of an upfront payment shall continue
to be available to the subscriber for the
23
duration of the period as prescribed in the plan and in the case
of lifetime or unlimited validity plans, as long as the Service
Provider is permitted to provide such telecom service under the
current license or renewed license. In the case of plans with
lifetime validity or unlimited validity, the service provider shall
also inform the subscribers of the month and year of expiry of
his current license.
ii. For any tariff plan, the access provider shall be free to reduce
tariffs at any time. However, no tariff item in a tariff plan shall
be increased by the access provider -
• In respect of tariff plans with prescribed periods of
validity of more than six months including tariff plans
with lifetime or unlimited validity and also involving an
upfront payment to be made by the subscriber towards
such validity period, during the entire period of validity
specified in the tariff plan;
• In respect of other tariff plans, within six months from
the date of enrolment of the subscriber; and,
• In the case of recharge coupons with a validity of more
than six months under any tariff plan, during the entire
period of validity of such recharge coupon.
[TTO 43rd Amendment Order No. 301-2/2006/Eco. dated 21st March
2006]
3.3 Reduction in tariffs for roaming services
In the earlier roaming tariff regime, there was two-part charging – a
monthly fixed charge for access to the roaming facility and airtime
charge depending upon the usage. Through an order issued in
24
January 2007, the Authority had introduced a usage based composite
roaming tariff, thereby removing the rental component from the
charging pattern. Brief highlights of this Tariff Order relating to
reduction in tariffs for roaming services are mentioned below:
• The order is applicable for all mobile customers, prepaid and
postpaid, and applicable across all types of tariff plans offered by
both GSM and CDMA Mobile Operators.
• No rental permitted for roaming in any form.
• No surcharge is leviable for any of the national roaming services.
• No separate PSTN charges on roaming calls.
• Receiving SMS is free while roaming.
• Charges for outgoing SMS while roaming continues to be under
forbearance.
• Maximum permissible per minute charges for roaming calls,
irrespective of the terminating networks, and irrespective of tariff
plans would be:
- Rs. 1.40 for outgoing local calls
- Rs. 2.40 for outgoing NLD calls
- Rs. 1.75 for incoming calls
• Mobile operators cannot charge any type of fixed or recurring
charges for accessing roaming facility, like monthly rental, weekly
rental, daily rental etc.
[TTO 44th Amendment Order No. 301-34/2006/Eco. dated 24th January
2007]
3.4 Guidelines for Prepaid Subscribers
The Authority has observed that majority of the consumers of mobile
services are users of prepaid services. The Authority had been
receiving complaints from the consumers regarding non-availability of
prepaid cards of low denomination value, exorbitant costs for
replacement of lost / damaged SIM cards, forfeiture o[censored]nused
balance at the end of the validity period etc. Taking cognizance of the
25
complaints received from this segment of the mobile users, the
Authority, by way of certain amendments to the TTO 1999, has
addressed some of the concerns expressed by the consumers.
The salient features of the amendment orders are given below:
• At least one denomination of pre-paid cards offered by every
Service Provider must be for an amount of Rs.300.00 or less with a
corresponding validity period of at least one month.
• The charges for replacement of lost/ damaged SIM card shall be
based on cost with a reasonable mark-up.
• If there is any amount that is unused at the end of the validity
period, this amount should be carried over to the renewed card, if
such renewal is done within a reasonable, specified period.
• Customer should be prominently and clearly informed of the total
amount that is available in the pre-paid card package for making
calls, i.e. to pay towards usage.
[TTO 13th Amendment Order No. 303-4/ TRAI/2001dated 01st May
2001]
3.5 Incoming calls during full validity
All services which do not affect “talk time value” including incoming
voice calls / SMS shall continue to be available to the Pre-paid
subscribers during the entire validity period even after the talk time
value is exhausted.
[TTO 30th Amendment Order No. 301-4/ 2004-Eco dated 16th
January 2004]
3.6 Provision of hard copy of the bill free of cost to Postpaid
Subscriber
It had come to the notice of the Telecom Regulatory Authority of India
26
that a mobile service provider was offering post-paid tariff plan in
which the subscribers were being given bills through SMS or email.
The hard copy of the bill was supplied to the subscribers only on
payment of a fixed amount as determined by the operator. Since this
practice was framed to adversely affect the interest of consumers, the
Authority ordered that the service providers should supply hard copy
of the bill free of cost to postpaid subscribers.
[TTO 46th Amendment Order No. 301-36/2007-Eco. dated 24th
January, 2008]
3.7 Transparency in Tariff Offers
The Authority had in the past issued several guidelines with a view to
enhancing transparency in tariff offerings. The Tariff Amendment
Order notified on 1st September 2008 mandates further transparency
measures as listed below:-
i. Where the terms and conditions of any tariff plan with lifetime
validity or unlimited validity include any condition or stipulation
which requires any subscriber to recharge for any specified
minimum amount within specified time periods or intervals during
such validity so as to keep the said tariff plan valid, such specified
time period or interval, shall in no case be less than 6 months.
ii. In case of straight tariff reductions, the subscribers shall
automatically get the benefit of such reduction without any
precondition of any explicit action by the subscriber.
iii. Subscribers in existing lifetime validity plans or unlimited life time
plans can migrate to new lifetime plans or unlimited plans with
lower entry fee without having to make additional payment or
recharges.
27
iv. Prepaid subscribers to get full talk time on recharges exclusively
meant for provision of talk time value, barring a nominal fee not
exceeding Rs.2 towards administrative costs or expenses and
applicable taxes.
[TTO 48th Amendment Order No.301-31/2007-Eco dated 1.9.2008]
3.8 Tariff for porting of a mobile number
The amendment to the TTO provides that the per port transaction
charge specified in regulation 3 of Telecommunication Mobile Number
Portability Per Port Transaction Charge and Dipping Charge
Regulations 2009 shall be taken as the ceiling of porting charge
payable by a subscriber to the recipient operator for availing the
facility of number portability.
Currently the porting charge payable by a subscriber shall not be
more than Rs.19/- per porting request. The operators are free to
charge any amount less than or equal to this charge.
[TTO 49th Amendment Order No. 301-25/2009-ER dated 20th
November 2009]
28
CHAPTER – IV: TELECOMMUNICATION DIRECTIONS
4.0 Apart from the tariff orders issued from time to time, in order to
protect the interest of the consumers, the Authority has been issuing
certain directions also to the service providers on various issues.
Some of the directions were issued when it came to TRAI’s notice that
the service providers are not adhering to the existing
orders/Regulations. Some of the important directions that have direct
impact on the consumers are discussed in this Chapter.
4.1 Refund of security deposit
The Regulations on Quality of Service issued by TRAI contain a
parameter on refund of security deposits within a period of 60 days
after closure of connection. Despite such clear mandate in the
regulations, the Authority had been receiving complaints about non-
refund of security deposit by various service providers. Therefore, the
Authority initially issued guidelines to all service providers for refund
of security deposit after adjustments of dues, if any, within a time
frame of 60 days. Since it came to the notice of the Authority that the
service providers are not strictly adhering even to the guidelines,
direction was issued to all the service providers to strictly follow the
guidelines. The service providers are also required to pay interest at
the rate of 10% per annum for delay in making the refund within the
stipulated period.
[Direction No.303-1/2004-Eco. dated 08th July 2005]
4.2 Credit limit for postpaid subscribers
The direction on credit limit for post paid subscribers contains the
following mandates:-
29
i. The credit limit set for a post-paid subscriber shall be intimated
to him in advance. The initial credit limit shall be intimated
within 7 days of activation of the service.
ii. Consequences o[censored]sage and other applicable charges exceeding
the credit limit as well as the manner in which the credit limit
set for them could be enhanced, shall also be informed to the
subscriber in advance.
iii. When the usage and other applicable charges reaches 80% of
the credit limit, intimation to this effect shall be provided to the
subscriber. The consequences of his usage exceeding the credit
limit including the possibility of disconnection shall also be
informed to the subscriber.
iv. On receipt of the intimation, the subscriber shall have the
option to make interim payments in whole or in part or to
restrict his further usage so that the credit set for him is not
exceeded.
v. Services to the subscriber shall not be disrupted until and
unless the credit limit fixed for a subscriber is exceeded despite
adequate intimation about the same.
vi. Irrespective of the level of credit limit, the services of a
subscriber shall not be disrupted as long as the amounts due is
below the amount of his security deposit.
vii. For all the existing post-paid subscribers, the credit limit shall
be intimated to them, if not already done.
viii. The credit limit set for a post-paid customer shall be included in
his monthly statement / bill.
[Direction No.301-27/2005-Eco. Dated 27th June 2005 and 07th June
2006]
4.3 Tariff plans with misleading titles
(i) No tariff plan shall be offered, presented, marketed or
advertised in a manner that is likely to mislead
30
(ii) the subscribers. For example, title of a tariff plan, which
suggests absence of rental, (e.g. ‘zero rental’) would be
misleading if the plan has Monthly Mandatory Fixed Charge in
one form or other.
(iii) All monthly fixed recurring charges, which are compulsory for a
subscriber under any given plan, shall be shown under one
head. This should also include charges for Value Added
Services like CLIP, if such Value Added Services are not
optional for the subscriber.
(iii) Charges for CLIP facility cannot be made a compulsory item of
tariff for subscribers in any tariff plan. Whenever, CLIP charges
are sought to be levied by the service providers it shall be
optional for the subscribers.
[Direction No.301-49/2005-Eco dated 16th September 2005 and 23rd
August 2007]
4.4 Value added service
i. The service provider cannot provide any chargeable value added
service without the explicit consent of a customer. Any value
added service, which was earlier being provided free of charge
shall not be chargeable without his expressed consent.
ii. No chargeable value added services shall be activated through
pressing of keys on the telephone set / mobile handset unless
the explicit consent of the customer is obtained through (i) a
customer originated call; or SMS; or interaction session to a
specified number; or through a request made in writing or Fax
or e-mail; or (ii) through the double confirmation by pressing ‘*’
(star) key followed by ‘9’ key in the mobile handset/telephone
set.
31
iii. No chargeable value added service shall be activated through
pressing of a single key in the telephone set / mobile handset.
iv. In case the subscriber seeks to unsubscribe the value added
service within 24 hours from the time of its activation on the
ground that the subscription was unintentional or accidental,
the service provider shall unsubscribe such value added service
and reimburse or credit to the customers’ account the charges,
if any, deducted or levied for subscription to such value added
service.
v. The service provider shall inform subscriber at least 3 days
before the due date of renewal of a subscribed value added
service, the due date for renewal, the charges for renewal and
the toll free telephone number for unsubscribing of such value
added service.
[Directions: No.305-8/2004-QoS dated 03rd May 2005; No.303-
1/2006-QoS dated 30th October 2007; No.303-1/2006-QoS dated 27th
April 2009; and No.305-5/2008-QoS dated 04th September 2009]
4.5 Premium rate services
The Cellular Mobile Service Providers and Unified Access Service
Providers are required to publish in all communications/
advertisements relating to premium rate services, the pulse rate/
tariff for the service.
[Direction No. 305/8/2004-QoS dated 03rd May 2005]
32
4.6 Supply of complete details of the Tariff Plan on activation of
service
All the Cellular Mobile Service Providers and Unified Access Service
Providers are required to inform the customer in writing, within a
week of activation of service, the complete details of his tariff plan. In
addition, as and when there are any changes in any aspect/item of
tariff in the chosen package, the operator shall intimate, in writing,
such changes to those subscribers whose tariff packages undergo a
change.
[Direction No.305-8/2004-QoS dated 29th June 2005]
4.7 Docket Number for Customer Complaints and Termination of
Service
All the Cellular Mobile Service Providers, Basic Service Operators and
Unified Access Service Providers are required to:
(i) assign a unique docket number for all service request calls
made to the customer care help line numbers and also special
numbers for registering complaints and convey the same to the
customer at the time of such call;
(ii) acknowledge through SMS followed by entry in the next bill the
requests made through Telephone call, FAX, SMS, e-mail etc.
for value added services, the charges for which are of a
recurring nature;
33
(iii) raise the bill only after adjustment of security deposit in the
event of a request for termination of service received from a
customer;
(iv) stop charging the customer the fixed monthly charges like
rental beyond the above prescribed period of termination of
service or from the date of last usage, whichever is later.
[Direction No.303-6/2006 – QoS Dated 29th August 2006]
4.8 Registration of Subscribers and Provision of Telephones without
Discrimination
i. Every Basic Service Operator has to provide telephone
connections to the prospective subscribers on first come first
served basis without any discrimination.
ii. BSO cannot deny Registration for provision of telephone
connections to a prospective subscriber on any account until
directed by the Licensor in writing to so refuse. In case the
provision of connection is not feasible for technical reasons
beyond the control of licensee, then the licensee is expected to
make arrangement for providing connections in such cases
within a reasonable time in a non-discriminatory manner.
iii. Keep the Waiting List of prospective subscribers and
connections shall be provided strictly as per the priority in this
Waiting List. This Waiting List should be accessible to all the
Wait Listed applicants.
[Direction No.411-5/98-FN dated: 8.1.2001]
4.9 Carry forward o[censored]nused balance during grace period
The carry forward o[censored]nused balance to prepaid subscribers has to be
allowed during the grace period applicable at the time of recharge
34
irrespective of subsequent downward revision in the grace period i.e.
any change in the grace period should be applied prospectively.
[No.303-11/2003-TRAI (Econ.) dated 16th January 2004]
4.10 Information to be included in the Telephone bills
The following information needs to be included in the telephone bills
issued to the customers:
(a) the name of applicable Tariff Plan;
(b) methodology applied for calculations of amount mentioned in
the telephone bills, details of pulse rates and charges,
particularly mentioning local, subscriber trunk dialing,
International subscriber trunk dialing, short messages service
(also referred to in the telephone bills as STD, ISD and SMS
respectively) charges and monthly fixed charges;
(c) applicable credit limit;
(d) the amount of security deposit made by the customer to be
shown separately in the first bill and whenever it is adjusted,
subsequently, in the bill;
(e) mode and procedure for making payment of telephone bills;
(f) details of set up of public grievance mechanism;
(g) information system for change of billing address;
(h) details of late payment charges;
(i) acknowledgement of last payment made; and
35
(j) customer information box, which shall indicate, inter alia, the
following information, namely:-
i. No migration fee is chargeable for migrating to any tariff
plan;
ii. No increase permissible in any item of tariff for a period
of six months from date of enrolment of a subscriber
under a tariff plan;
iii. No charge to be levied for any service without explicit
consent of the consumer;
iv. Refund of security deposit for providing telephone service
to be made, within sixty days of closure of telephone
connection, otherwise eligible for interest at the rate of
ten per cent;
v. Website address (URL of the website) where model
calculation of financial implication of tariff plans are
available;
vi. “Toll free number” or “consumer care number” or “help
line number” of its Call Centers;
vii. Address, telephone number, e-mail address, facsimile
number of the Nodal Officer of the service provider and
other modes of contacting him; and
viii. Address, telephone number, e-mail address, facsimile
number of the appellate authority of the service provider.
36
[Direction No.303-4/2007-QoS dated 4.5.2007]
4.11 Transparency in tariff offers
The Authority has been receiving large number of complaints that the
tariffs offered by the service providers are complex and confusing,
which make it difficult for the consumers to make an informed choice
after evaluating such offers. In order to enhance and ensure
transparency in service provision and tariff offers, the Authority has
issued directions relating to tariff information, promotional offers,
migration from one plan to another and Black out days as detailed
below:
(i) Key Tariff Information
The key tariff information on each tariff plan offered by the service
providers to the consumers shall be provided in the vernacular
language where such plans are offered, in addition to English or any
other language being in use.
(ii) Promotional Offers
All access service providers shall, while publishing their promotional
offers to public, specify therein-
(a) The eligibility criteria for such promotional offer;
(b) The opening and closing dates of such promotional offer
(within the existing limit of ninety days);
(iii) Migration from one plan to another in certain cases
37
When a subscriber migrates across plans or moves from prepaid to
postpaid or vice versa, the service provider shall not impose any
condition such as requirement of obtaining a new SIM or change of
telephone number, etc.
(iv) Black Out Days
The number of ‘Black Out’ days, (customary / festival days on which
free / concessional calls/ SMS are not available) shall be limited to a
maximum of five days in a calendar year. The service provider shall
not make any addition to the number of days specified as ‘black out’
days nor make any alteration in any date after the same is subscribed
by the consumer. The SMS/ call charges applicable on such specified
black out days shall be indicated on the package itself offered to the
consumers.
[Direction No.301-31/2007-Eco.dated:1-9-2008]
38
CHAPTER –V: BROADCASTING AND CABLE SERVICES
A. TARIFF RELATED INFORMATION FOR ADDRESSABLE SYSTEMS
(EXCEPT NOTIFIED CAS AREAS)
The Telecommunication (Broadcasting and Cable) Services
(Fourth) (Addressable systems) Tariff Order, 2010 (No. 1 of 2010)
dated 21.07.2010.
5.1 TRAI has issued the Telecommunication (Broadcasting and Cable)
Services (Fourth) (Addressable Systems) Tariff Order, 2010 dated
21.07.2010. effective from 01.09.2010 and covers all digital
addressable systems such as DTH, HITS, IPTV, and digital
addressable Cable TV. Under this order:-
i. Every service provider providing broadcasting services or cable
services to its subscribers using an addressable system shall, from
the date of coming into force of this Order, offer or cause to offer
all pay channels offered by it to its subscribers on a-la-carte basis
and shall specify the maximum retail price for each pay channel,
as payable by the ordinary subscriber:
ii. Provided that in the case of direct to home service, a direct to
home operator who is unable to offer all its pay channels to its
subscribers on a-la-carte basis on the date of coming into force of
this order due to any technical reason, shall offer all its pay
channels on a-la-carte basis to its subscribers with effect from a
date not later than the 1st day of January, 2011.
iii. It shall be open to a service provider, to specify a minimum
subscription period, not exceeding three months, for subscribing
to a pay channel on a-la-carte basis by a subscriber.
39
iv. Every service provider providing broadcasting services or cable
services to subscribers using an addressable system may, in
addition to the offering of pay channels on a-la-carte basis, also
offer bouquets of channels, in which case, it shall specify the
maximum retail price for each such bouquet applicable to its
ordinary subscribers.
v. It shall be open to the service provider to specify a minimum
monthly subscription, not exceeding one hundred and fifty rupees
(exclusive of taxes) per month per subscriber, towards channels
chosen by the subscriber, either a-la-carte or bouquet, for availing
the services of such service provider.
B. PROTECTION OF CONSUMERS AGAINST INCREASE IN PRICES
5.2 No service provider, who provides broadcasting services or cable
services using an addressable system to its subscribers, shall,
increase the charges for a subscription package offered by him, for a
minimum period of six months from the date of enrolment of the
subscriber for such subscription package.
5.3 The above provisions shall not prevent any service provider from
reducing the price of the subscription package within the period of six
months referred to in that sub-clause to the advantage of the
subscriber.
5.4 The subscribers will have the advantage of choosing the channels
they wish to see. In case the service provider is fixing any minimum
monthly subscription amount, the same cannot exceed Rs. 150.
40
C. QUALITY OF SERVICE RELATED ISSUES
5.5 FOR CAS AREAS:-
Regulation on the standards of Quality of Service (Broadcasting
and Cable Television – CAS Areas) Regulation, 2006 (8 of 2006)
dated 23.08.2006.
i. A-la-carte choice of channels is provided to subscribers. Ceiling of
maximum retail Price per subscriber per month per channel was
fixed at Rs 5.35. There is a provision that Multi system operators
(MSO) are to provide detailed application forms (either as part of
application or as attachment) to the subscribers. Procedure for
handling complaints of the subscribers was provided in the
Quality of Service Regulation. The other features of the QoS
regulation are as under :
 Obligations of cable operator / MSO, to ensure quality of
service.
 Request for connection to be responded within 5 working days
and connection to be given within 2 days of completion of
formalities.
 All complaints to be registered and a complaint number to be
allotted and to maintain records of the complaint.
 Customer service center or help desk to be maintained.
 Time lines for redressal of complaints of signals in 24 hrs (90%
of complaints), billing and set top box complaints in 24 hrs.
 Adequate notice ( 3 days notice if disruption is likely to be 1 day
or less and 15 days if disruption is likely to be more than a day
before disruption in service due to preventive maintenance.
 Monthly billing with itemized details made compulsory.
No cable operator shall disconnect for whatever reason a
subscriber without giving written notice of at least 15 days,
clearly indicating the specific reasons for disconnection.
41
The period of 15 days for the purpose shall be reckoned from
the date of receipt of the notice for disconnection by the
subscriber.
ii. The following procedure will normally be followed for raising of
bills, delivery of bills and collection of paymen
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