HC restraint on BSNL directive

By Our Special Correspondent

CHENNAI, MAY 31. A Vacation Bench of the Madras High Court has restrained the Bharat Sanchar Nigam Limited (BSNL) and the Union Government from giving effect to its directive, asking telephone subscribers to pay within May 31 a total of five months rental charges including for two months in advance.

Disposing of writ petitions filed by the Federation of Consumer Organisations (FEDCOT), the Citizens Consumer and Civic Action Group (CAG) and the Hosur Sipcot II Consumer Protection Council, a Bench comprising Mr. Justice K. P. Sivasubramaniam and Mr. Justice A. Packiaraj, asked the BSNL not to take any further action to enforce the direction till the Telecom Regulatory Authority of India (TRAI) took its decision in this regard.

According to the petitioners, the BSNL used to collect phone rentals for two previous months from the subscribers. But in a sudden change, it directed the consumers to pay the old rentals, plus that for two months in advance. In circulars sent to the subscribers, the BSNL said the connections of those, who failed to pay the entire demand by May 31, would be cut.

The TRAI has been created by an Act of 1997 and its functions have been clearly defined in the Act. Contrary to the Act, the BSNL directive was issued without calling for the subscribers' views or giving them time to send their objections. The TRAI has been created to specifically deal with disputes between the service providers and subscribers. Compelling the subscribers to pay advance rental without hearing their objections affected the latter's rights and went against the TRAI laws, the petitions said. They wanted a direction to the TRAI to discharge its statutory duties under the provisions of the TRAI Act, and a directive to the BSNL to desist from unilaterally altering the terms and conditions of supply of telecom services to subscribers/consumers.

The Bench said it was not in dispute that the rights of parties were subject to consideration of the TRAI. In a similar matter concerning the Dishnet DSL Limited, the Bench noted that the court had passed orders permitting the company to approach the TRAI. It was held that the power to fix or alter the terms and conditions would appear to be vested with the TRAI and it was up to the aggrieved persons to take up the matter in accordance with the TRAI Act.

The present petitioners, too, had similar grievances and so, the Bench directed that they, too, be allowed to file representations before the TRAI within two weeks. The TRAI may dispose of their representations within four weeks thereafter. The BSNL should not enforce the directions till the TRAI took its decision. It was up to the individual consumers to comply with the BSNL's directions, the Bench added.

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Section  : Southern States
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