The Delhi High Court has refused to intervene with TRAI’s advice for imposing a penalty of Rs. 1,050 crore on two Vodafone corporations for allegedly denying inter-connectivity to Reliance Jio Infocomm Ltd (RJIL) beneath an Interconnection Agreement executed between them.
The excessive court docket famous that the Telecom Regulatory Authority of India’s (TRAI) October 21, 2016 advice, which has been challenged right here can be beneath problem earlier than the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), and tribunals are knowledgeable 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 May 24 judgment, stated the TDSAT has been empowered to take care of all disputes arising beneath the TRAI Act.
The Central authorities had handed an order on September 29, 2021 imposing a penalty on the petitioner corporations for violation of the provisions of licence settlement and requirements of Quality of Service (QOS) laws of primary phone service (wireline) and mobile cellular phone service laws, 2009.
“After the tribunal gives the conclusion that the order dated September 29, 2021 passed by the respondent no.2 (government) is not sustainable in law, then automatically the recommendation dated October 21, 2016 which is under challenge in the instant writ petitions would be set aside.
“This court finds considerable force in the arguments advanced by the senior counsel for the respondents that any observations made by this court in the instant writ petitions will have an adverse impact on the Telecom Petitions which have been filed before the TDSAT,” the bench stated.
The excessive court docket disposed of the petitions filed by Vodafone Mobile Services and Vodafone Idea and made it clear that it has not made any observations on the deserves of the case.
“It is always open for the tribunal to decide the issue on merits, including the recommendation dated October 21, 2016 which is under challenge in the instant petitions,” it stated.
It additionally famous that the TDSAT has already stayed the September 2021 order.
On September 21, 2016, TRAI issued the a advice stating that the petitioners had been at fault for not offering Point of Interconnections (POI) to RJIL, and advisable 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 %.
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, Department of Telecommunication, for penal motion, contending that the advice was opposite to legislation and deserved to be struck down.
TRAI opposed the petitions saying they’re untimely at this stage and non-maintainable.
