The Delhi Excessive Courtroom has refused to intrude with TRAI’s suggestion for imposing a penalty of Rs. 1,050 crore on two Vodafone firms for allegedly denying inter-connectivity to Reliance Jio Infocomm Ltd (RJIL) beneath an Interconnection Settlement executed between them.
The excessive court docket famous that the Telecom Regulatory Authority of India’s (TRAI) October 21, 2016 suggestion, which has been challenged right here can be beneath problem earlier than the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), and tribunals are skilled our bodies constituted beneath statute to determine the disputes arising beneath that statute.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, in its Might 24 judgment, stated the TDSAT has been empowered to cope with all disputes arising beneath the TRAI Act.
The Central authorities had handed an order on September 29, 2021 imposing a penalty on the petitioner firms for violation of the provisions of licence settlement and requirements of High quality of Service (QOS) laws of fundamental phone service (wireline) and mobile cellular phone service laws, 2009.
“After the tribunal offers the conclusion that the order dated September 29, 2021 handed by the respondent no.2 (authorities) isn’t sustainable in regulation, then robotically the advice dated October 21, 2016 which is beneath problem within the instantaneous writ petitions can be put aside.
“This court docket finds appreciable pressure within the arguments superior by the senior counsel for the respondents that any observations made by this court docket within the instantaneous writ petitions could have an hostile impression on the Telecom Petitions which have been filed earlier than the TDSAT,” the bench stated.
The excessive court docket disposed of the petitions filed by Vodafone Cellular Providers and Vodafone Idea and made it clear that it has not made any observations on the deserves of the case.
“It’s at all times open for the tribunal to determine the difficulty on deserves, together with the advice dated October 21, 2016 which is beneath problem within the instantaneous petitions,” it stated.
It additionally famous that the TDSAT has already stayed the September 2021 order.
On September 21, 2016, TRAI issued the a suggestion stating that the petitioners had been at fault for not offering Level of Interconnections (POI) to RJIL, and really helpful imposition of a penalty of Rs. 50 crore per circle for 21 Licensed Service Areas (LSA) the place POI congestion exceeded the allowable restrict of 0.5 p.c.
The petitioners stated they requested TRAI to withdraw the advice, however to no avail after which they moved the excessive court docket.
Vodafone has challenged the advice made by TRAI to the Secretary, Division of Telecommunication, for penal motion, contending that the advice was opposite to regulation and deserved to be struck down.
TRAI opposed the petitions saying they’re untimely at this stage and non-maintainable.