The Telecom Consumers Protection and Redressal of Grievances Regulations, 2007
Published vide Notification Gazette of India, Extra; Part 3, Section 4, dated 10.5.2007.
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Notification No. F. No. 303-10/2006-QoS, dated 4th May, 2007. - In exercise of the powers conferred upon it under section 36, read with sub-clauses (i) and (v) of clause (b) of sub-section (1) of section 11 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Telecom Regulatory Authority of India hereby makes the following regulations, namely :- CHAPTER I
Preliminary
1. Short title, commencement and application. - (1) These regulations may be called The Telecom Consumers Protection and Redressal of Grievances Regulations, 2007. (2) They shall come into force on their publication in the Official Gazette. (3) These regulations shall apply to - (a) all service providers including Bharat Sanchar Nigam Limited and Mahanagar Telephone Nigam Limited, being the companies registered under the Companies Act, 1956 (1 of 1956) providing, -
(i) Basic Telephone Service;
(ii) Unified Access Services;
(iii) Cellular Mobile Telephone Service;
(b) all service providers (including the Bharat Sanchar Nigam Limited and the Mahanagar Telephone Nigam Limited) providing Broadband Service:
Provided that nothing contained in these regulations shall apply to an Internet Service Provider whose turnover in any preceding financial year does not exceed rupees five crores or whose total number of Broadband subscribers in any preceding financial year does not exceed ten thousand numbers, as the case may be. 2. Definitions. - In these regulations, unless the context otherwise requires,- (a) "Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
(b) "appellate authority" means one or more persons appointed as appellate authority under regulation 10, by a service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1;
(c) "Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Act;
(d) "Basic Telephone Service" covers collection, carriage, transmission and delivery of voice or non-voice messages over licensee’s Public Switched Telephone Network in licensed service area and includes provision of all types of services except those requiring a separate license;
(e) "Broadband" or "Broadband Service" means a data connection, -
(i) which is always on and is able to support interactive services including Internet access;
(ii) which has the capability of the minimum download speed of two hundred fifty six kilo bits per second or such minimum download speed, as may be specified by the licensor, from time to time, to an individual subscriber from the point of presence of the service provider intending to provide Broadband service where a multiple of such individual Broadband connections are aggregated and the subscriber is able to access these interactive services including the Internet through the said point of presence;
(iii) in which the interactive services shall exclude any services for which a separate license is specifically required (such as real-time voice transmission) except to the extent permitted, or, as may be permitted, under Internet service provider’s license with internet telephony, and which shall include such services or download speed or features, as may be specified from time to time, by the licensor;
(f) "Call Centre" means a department or a section or a facility established under regulation 3 by the service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1 for redressal of grievances of its consumers by telephone or electronic means or by any other means;
(g) "Cellular Mobile Telephone Service"-
(i) means telecommunication service provided by means of a telecommunication system for the conveyance of messages through the agency of wireless telegraphy where every message that is conveyed thereby has been, or is to be, conveyed by means of a telecommunication system which is designed or adapted to be capable of being used while in motion;
(ii) refers to transmission of voice or non-voice messages over Licensee’s Network in real time only but service does not cover broadcasting of any messages, voice or non-voice, however, Cell Broadcast is permitted only to the subscribers of the service,
(iii) in respect of which the subscriber (all types, pre-paid as well as post-paid) has to be registered and authenticated at the network point of registration and approved numbering plan shall be applicable;
(h) "consumer" means a consumer of a service provider falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1 and includes its customer and subscriber ;
(i) "Indian language" means a language specified in the Eighth Schedule to the Constitution;
(j) "Internet Service" means all types of Internet access or Internet content services as provided in the license;
(k) "License" means a license granted or having effect as if granted under section 4 of the Indian Telegraph Act, 1885 (13 of 1885) or the provisions of the Indian Wireless Telegraphy Act, 1933 (17 of 1933);
(l) "Manual" means the Manual of Practice for handling consumer complaints referred to in regulation 20;
(m) "Nodal Officer" means the officer appointed or designated under regulation 6 by a service provider falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1;
(n) "Public Switched Telephone Network" means a fixed specified switched public telephone network providing a two-way switched telecommunications service to the general public;
(o) "regulations" means the Telecom Consumers Protection and Redressal of Grievances of Regulations, 2007;
(p) "Schedule" means the Schedule annexed to these regulations;
(q) "Unified Access Services"-
(i) means telecommunication service provided by means of a telecommunication system for the conveyance of messages through the agency of wired or wireless telegraphy;
(ii) refers to transmission of voice or non-voice messages over Licensee’s Network in real time only but service does not cover broadcasting of any messages, voice or non-voice, except, Cell Broadcast which is permitted only to the subscribers of the service;
(iii) in respect of which the subscriber (all types, pre-paid as well as post-paid) has to be registered and authenticated at the network point of registration and approved numbering plan shall be applicable;
(r) all other words and expressions used in these regulations but not defined, and defined in the Act and the rules and other regulations made thereunder, shall have the meanings respectively assigned to them in the Act or the rules or other regulations, as the case may be.
CHAPTER II
Redressal of Grievances of Telecom Consumers by Call Centres of Service Providers
3. Establishment of Call Centre. - (1) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall, within sixty days from the date of commencement of these regulations, establish a "Call Centre" for redressal of grievances of its consumers, and, such Call Centre shall be accessible to its consumers round the clock during all days in a week: Provided that the Consumer Grievance Redressal Mechanism, set up by the service providers (including the Bharat Sanchar Nigam Ltd., and the Mahanagar Telephone Nigam, Ltd.) at Call Centre level in accordance with the instructions of the Government of India, Ministry of Communications and Information Technology (Department of Telecommunications), Licensing Cell (Basic Services Group) vide No.16-6/2005-BS-II, dated the 22nd September, 2005, shall continue to be the Call Centre for the purposes of these regulations: Provided further that a service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, who has been granted a license after the commencement of these regulations, shall establish, simultaneously with provision of services, a Call Centre for redressal of grievances of its consumers: Provided also that a service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, who is providing,- (a) different services in a licensed service area, may, at its option, set up one or more Call Centres, being common or separate, for such services being provided by it;
(b) services in two or more licensed service areas, may, at its option, set up one or more Call Centres, being common or separate, for one or more such service areas.
(2) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall- (a) employ or engage sufficient number of officers or employees at its Call Centres;
(b) earmark or allot or establish a basic telephone or cellular mobile telephone number having sufficient lines or connections to be called as the "toll free number" or "consumer care number" or "help line number" or "special number", as the case may be, at its Call Centres, so as to ensure compliance with the Quality of Service benchmarks for the parameter "Response Time to the Customer for Assistance" both for percentage of calls answered electronically by interactive voice response system (IVRS) and percentage of calls answered by operator (voice to voice) specified in the Regulation on Quality of Service of Basic and Cellular Mobile Services, 2005 (11 of 2005), dated the 1st July, 2005 published under F. No. 305-2/2005(QoS) Vol. II on the 8th July, 2005 and the Quality of Service of Broadband Service Regulations, 2006 (11 of 2006), dated the 6th October, 2006 published under No. 304-6/2004-QoS on the 10th October, 2006 in the Official Gazette, Part III, Section 4, as amended from time to time by the Authority.
(3) No call charges or short message service charges shall be levied upon, or payable by its consumers, for calls made, or, short message service sent, to the "toll free number" or "consumer care number" or "help line number" or "special number", as the case may be, referred to in clause (b) of sub-regulation (2). (4) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall, immediately on establishment of its Call Centre, give, through a public notice in a newspaper published in Hindi/English language and in a newspaper published in an Indian language in circulation in the area in which such service provider is providing services, and, through the telephone bills if issued by the service provider, the contact details including therein the "toll free number" or "consumer care number" or "help line number" of such Call Centres in respect of each licensed service area for which the Call Centres have been established and thereafter give such public notice at least once in twelve months in the same manner: Provided that in case of change of Call Centres or change of its "toll free number" or "consumer care number" or "help line number", the same shall be intimated through public notice and telephone bills if issued by the service provider, in the same manner as provided in these regulations. 4. Procedure for handling grievances by Call Centres. - (1) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall, ensure that the Call Centres, immediately on receipt of a complaint from a consumer,- (a) register such complaint by allotting a unique identification number to be called the docket number:
Provided that a unique docket number assigned under sub-paragraph (i) of paragraph 8 in the Direction F. No. 303-6/2006-QoS, dated the 29th August, 2006 before the commencement of these regulations, shall be the docket number for the purposes of these regulations; (b) communicate, at the time of lodging the complaint, the unique identification number to be called docket number, date and time of registration of the complaint, to the consumer;
(c) record details in respect of such complaint;
(d) intimate to the consumer,-
(i) through telephone or other electronic means or any other means; and
(ii) within the time limit specified in regulation 5, the action taken on the complaint; and
(e) intimate contact details of the Nodal Officer (including his name, telephone number and address) to the consumer in case the consumer is not satisfied with the redressal of his grievance or when requested by him.
5. Time limit for redressal of grievance of consumers by Call Centres. - (1) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall, without prejudice to the time limits or periods specified in the Regulation on Quality of Service of Basic and Cellular Mobile Telephone Services, 2005 (11 of 2005), dated the 1st July, 2005 and the Quality of Service of Broadband Service Regulations, 2006 (11 of 2006), dated the 6th October, 2006, address the request or redress the grievances of its consumers, within the time limits or periods, and, in respect of matters or parameters, specified in the Schedule. (2) In a case- (a) where no parameter or time limit, relating to fault or disruption of service or disconnection of service, has been specified in the Schedule, all complaints relating to such fault or disruption of service or disconnection of service shall be redressed within three days from the date of registration of complaint;
(b) where no parameter or time limit has been specified in these regulations or any other regulations made under the Act for redressal of any grievance, all such complaints shall be redressed within seven days from the date of registration of complaint;
(c) where lesser time limit has been specified by any other law for the time being in force or other regulations made under the Act or by the licensor or by the service provider for redressal of grievance, the Call Centres shall redress the grievances of the consumer within such specified time.
CHAPTER III
Redressal of Consumer Grievances by Nodal Officers
6. Appointment of Nodal Officer. - (1) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall, within one month from the date of commencement of these regulations, appoint or designate one or more Nodal Officers, in each of its licensed service area for the purposes of these regulations: Provided that a service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, who has been granted a license after the commencement of these regulations, shall appoint or designate simultaneously with provision of services, any of its employees or officers as one or more Nodal Officers, in each of its licensed service area for the purposes of these regulations: Provided further that a service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, who provides different services in a licensed service area, may, at its option, appoint or designate one or more Nodal Officers, being common or separate, for such services being provided by it. (2) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall, immediately on appointment or designation of a Nodal Officer,- (a) give, through a public notice in a newspaper published in Hindi/English language and in a newspaper published in an Indian language in circulation in the area in which such service provider is providing services and through telephone bills if issued by the service provider, indicating therein the name of the Nodal Officer, his address and telephone number, e-mail address, facsimile number and other means of contacting him in respect of each area for which the Nodal Officers have been appointed or designated and thereafter give such public notice at least once in twelve months in the same manner:
Provided that in case of change of the name of the Nodal Officer, his address and telephone number, e-mail address, facsimile number and other means of contacting him shall be intimated by public notice and telephone bills if issued by the service provider, in the same manner as provided in these regulations; (b) display, at its each office, Call Centre, customer care centre, help desk, and, at the sales outlets, website and at the office of the Nodal Officer and the appellate authority, the name of the Nodal Officers, their addresses and telephone numbers, e-mail addresses, facsimile numbers and other means of contacting them, in respect of each area for which the Nodal Officers have been appointed or designated.
(3) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall appoint or designate such number of Nodal Officers under sub-regulation (1) and for such areas, as may be considered by it necessary, for Nodal Officer being easily accessible and available for redressal of grievance of the consumers. 7. Redressal of Consumer Grievances by Nodal Officers. - In case a consumer is not satisfied with the redressal of his grievance by the Call Centre, such consumer may approach, by a letter in writing, or through telephone, or web based online filing of complaints or through short message service or through other electronic means and any other means, the Nodal Officer of the service provider for redressal of his grievance: Provided that a consumer may, in emergent situation, approach at the first instance a Nodal Officer instead of a Call Centre and the Nodal Officer shall redress the grievance. 8. Handling of grievances of consumers by Nodal Officers. - Every Nodal Officer shall,- (a) be accessible to the consumers at the address made available by the public notice and telephone bills, as referred to in clause (a) of sub-regulation (2) of regulation 6;
(b) register every complaint lodged by the consumers;
(c) communicate, within three days from date of the receipt of the complaint, the unique complaint number to the consumer;
(d) after taking the remedial measure for redressal of the grievance or decision thereon, intimate, within the time limit specified in regulation 9, the remedial measure or decision taken, to the consumer.
9. Time limit for redressal of complaints by Nodal Officer. - The Nodal Officer shall redress the complaints of the consumer within ten days of the registration of the complaint under clause (b) of regulation 8: Provided that complaints relating to fault or disruption of service or disconnection of service shall be redressed within three days from the date of registration of complaint under clause (b) of regulation 8. CHAPTER IV
Appeal to Appellate Authority of Service Provider for Redressal of Consumer Grievances
10. Appointment of appellate authority. - (1) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall, within three months from the date of commencement of these regulations, appoint one or more appellate authorities, in each of its licensed service area to hear and dispose of the appeals filed under sub-regulation (1) of regulation 11: Provided that the Consumer Grievance Redressal Mechanism, set up at an Appellate Authority level within the company in accordance with the instructions of the Government of India, Ministry of Communications and Information Technology (Department of Telecommunications), Licensing Cell (Basic Services Group) vide No.16-6/2005-BS-II, dated the 22nd September 2005, shall continue to be the appellate authority for the purposes of these regulations: Provided further that a service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, who has been granted a license after the commencement of these regulations, shall appoint, simultaneously with provision of services, one or more appellate authorities, in each of its licensed service area for the purposes of these regulations: Provided also that a service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, who provides different services in a licensed service area, may, at its option, appoint one or more appellate authorities, being common or separate, for such services being provided by him: Provided also that a service provider, falling in clause (b) of sub-regulation (3) of regulation 1, being an Internet Service Provider, providing Broadband Service and having all India license, may, for the purpose of these regulations, appoint one or more appellate authorities for any part or whole of India. (2) Every service provider, referred to in sub-regulation (1), shall, immediately on appointment of an appellate authority,- (a) give, a public notice in a newspaper published in Hindi/English language and in a newspaper published in an Indian language in circulation in the area in which such service provider is providing services and through telephone bills if issued by the service provider, indicating therein, the address of the appellate authority and the telephone number, e-mail address, facsimile number and other means of contacting the secretariat of the appellate authority and the procedure for filing the appeal, and, thereafter, give such public notice at least once in twelve months in the same manner;
(b) display, at its each office, Call Centre, customer care centre, help desk, and, at the sales outlets, website, office of the Nodal Officer and appellate authority, the name of the appellate authority, its address and telephone numbers, e-mail address, facsimile numbers and other means of contacting the secretariat of the appellate authority and procedure for filing the appeal, in respect of each licensed service area for which the appellate authority has been appointed.
11. Appeal to appellate authority of service provider for redressal of consumer grievances. - (1) In case a consumer is not satisfied with the redressal of his grievance by the Nodal Officer or his complaint remains to be redressed or no reply is received within the period specified in regulation 9, such consumer may, in writing, make an appeal to the appellate authority of the concerned service provider referred to in sub-regulation (1) of regulation 10 for redressal of his grievance. (2) Every appeal to the appellate authority under sub-regulation (1) shall be made in duplicate, in the Form annexed to these regulations. (3) Every appeal under sub-regulation (1) shall be filed within three months after the expiry of the time limit specified in regulation 9: Provided that the appellate authority may entertain any appeal after the expiry of the said period of three months but before one year from the time limit specified in regulation 9 if it is satisfied that there was sufficient cause for not filing it within that period. (4) Every service provider, referred to in sub-regulation (1) of regulation 10, shall make available to the consumer the Form referred to in sub-regulation (2) free of charge, - (a) at its every office and sales outlets, and at every office of the Nodal Officer and the appellate authority;
(b) at its website for download by consumers.
12. Composition of appellate authority for redressal of grievances of the consumers. - An appellate authority shall consist of one or more persons, as may be determined and appointed by a service provider. 13. Intimation of appointment of appellate authority. - The service provider, referred to in sub-regulation (1) of regulation 10, shall, within one week from the date of appointment of an appellate authority, intimate to the Authority such appointment: Provided that the Authority may call for further details about such appointment of the person or persons as the appellate authority and the service provider shall submit such information to the Authority within such time as it may specify in this regard. 14. Remuneration. - The remuneration and other expenses of the person or persons appointed as appellate authorities under sub-regulation (1) of regulation 10 shall be determined and borne by the service provider. 15. Secretariat of an appellate authority. - (1) The service provider, referred to in sub-regulation (1) of regulation 10, shall appoint or designate one of its officers or employees as Secretary to an appellate authority. (2) The service provider, referred to in sub-regulation (1), shall provide a secretariat and required supporting staff and office accommodation for the appellate authority to discharge its functions under these regulations. 16. Disposal of appeal by appellate authority. - (1) The service provider referred to in sub-regulation (1) of regulation 10, shall require the appellate authority to ensure uniformity in the procedure for deciding appeals and comply with the provisions contained in sub-regulations (2) to (13). (2) The secretariat of the appellate authority shall,- (a) register every appeal immediately on receipt of the same and send, within three days of receipt of the appeal, an acknowledgement to the appellant indicating the serial number of the appeal registered;
(b) forward, within six days from the date of receipt of an appeal, a copy of the appeal to the concerned service provider for filing reply.
(3) The service provider, shall, within fifteen days from the date of receipt of the appeal forwarded under clause (b) of sub-regulation (2), file in writing its reply. (4) In case the service provider referred to in clause (b) of sub-regulation (2), fails to file its reply within the period specified in sub-regulation (3), the appellate authority shall proceed on the basis of the material available on record. (5) The appellate authority may call for, any information, document or record, from the service provider referred to in clause (b) of sub-regulation (2) or the appellant, which may be relevant and necessary for examination and disposal of the appeal, as the case may be. (6) The service provider referred, to in clause (b) of sub-regulation (2), and the appellant, shall provide such information, document or record as the appellate authority may call for under sub-regulation (5): Provided also that in case a party to the case fails to furnish such information, document or record, the appellate authority, on being satisfied that the party in possession of the record is withholding it, it may decide the appeal after appraising the material available on record and decide the appeal to the best of its judgment on merits. (7) The appellate authority shall, on receipt of the reply under sub-regulation (3) and on the basis of information, document or record under sub-regulation (6) from the service provider and after conducting such inquiry as the appellate authority may consider necessary, and after affording reasonable opportunity of hearing to the parties, dispose of the appeal by passing an order in writing and stating therein the points for determination, the decision thereon and the reasons for the decision. (8) The appellant, being consumer, may, either appear in person or authorise any of his representative to present his case or send his representation with a request to dispose of the appeal, without being present in person. (9) The service provider, referred to in clause (b) of sub-regulation (2), may authorise one or more of its officers or employees to present its case: Provided that in case the service provider fails to present its case before the appellate authority on the date fixed for hearing, the appellate authority may proceed ex parte and decide the appeal on merits. (10) The appellate authority shall decide every appeal within three months from the date of filing the appeal and pass order in accordance with the provisions of sub-regulation (7). (11) The order of the appellate authority shall be communicated in writing within seven days of the order to the appellant and the concerned service provider. (12) The service provider, referred to in clause (b) of sub-regulation (2), shall, within fifteen days from the date of receipt of the order referred to in sub-regulation (11), comply with the order of the appellate authority and report immediately compliance thereof to the appellate authority. (13) The appellate authority may decide any appeal with the consent between the parties at any stage of the proceedings and such appeal shall be treated as decided with the mutual consent of the parties. 17. Reporting requirements. - (1) The service provider referred to in sub-regulation (1) of regulation 10 shall ensure that every appellate authority keeps a record of appeals made to it under sub-regulation (1) of regulation 11 and the decisions on such appeals and complies with the provisions contained in sub-regulations (2) to (5). (2) Every appellate authority shall submit to the Authority, by the 15th October and the 15th April of every financial year or at such shorter intervals, as the Authority may specify from time to time, a report mentioning therein, - (a) the number of appeals received;
(b) number of appeals pending;
(c) number of appeals disposed of ; and
(d) such other particulars, as may be required by the Authority, for discharge of its functions under the Act.
(3) The report in respect of matters specified in clauses (a) to (c) of sub-regulation (2) shall pertain to the period of the six months preceding immediately the month in which the report is required to be submitted in respect of such matters under sub-regulation (2) to the Authority. (4) The Authority may, if so required in the interest of the consumers, publish the report submitted to it under sub-regulation (2) and also place the same on its website. (5) A copy of the report referred to in sub-regulation (2) shall be forwarded by the appellate authority to the licensor and the service provider. 18. Status of appeals. - (1) The service provider referred to in sub-regulation (1) of regulation 10 shall ensure that every appellate authority exhibits at its website, if any, the status and details of appeals pending within the time limit and the details of appeals pending, if any, after the expiry of the time limit specified in sub-regulation (10) of regulation 16. (2) In case the appellate authority is unable to exhibit the status and details of appeals pending, as referred to in sub-regulation (1) due to non-availability of its website, the concerned service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall arrange to exhibit at its website the status and details of appeals pending if any, within the time limit and the details of appeals pending, if any, after the expiry of the time limit specified in sub-regulation (10) of regulation 16. CHAPTER V
Complaints Referred by Authority to Service Providers for Redressal of Consumer Grievances
19. Complaints referred to service providers by Authority. - (1) The Authority may, without prejudice to the provisions contained in the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), refer to the service providers, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, for redressal of the complaints,- (a) being the complaints alleging violation of the Act or regulations made thereunder or directions issued or orders made by it under the Act;
(b) being the complaints of the consumers which are generic in nature;
(c) being the complaints alleging the practices adopted by the service providers adversely affecting the interest of the consumers.
(2) The service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall investigate and find out root cause of all such complaints referred by the Authority under sub-regulation (1) and resolve or redress such complaints within one month from the date of referring of the complaints by the Authority. (3) The service provider, referred to in sub-regulation (2), shall inform the concerned consumers and the Authority regarding resolution or redressal of the complaint within one month from the date of referring of the complaints under sub-regulation (1). (4) In case the investigation and root cause of the complaints found out under sub-regulation (2) reveal general deficiency or systemic inadequacy in the practice and procedure or operation adopted by, or, on the part of, the service provider, the service provider shall take remedial measure in respect of all such similarly placed consumers and intimate to the Authority along with the information required under sub-regulation (3), within two months of referring such complaint under sub-regulation (1), such general deficiency or systemic inadequacy revealed and remedial measures taken by such service provider. CHAPTER VI
Manual For Consumers’ Education and Prevention of their Grievances
20. Manual of Practice for handling consumer complaints. - (1) Every Service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall publish a "Manual of Practice for handling consumer complaints" containing following information relating to Basic Telephone Service, Cellular Mobile Telephone Service and Broadband Service, namely:- (a) name and address of the service provider;
(b) terms and conditions of service offered by the service provider;
(c) Call Centre or helpline Number or customer care number or toll free number and name, designation, of the Nodal Officer and e-mail, contact telephone number, facsimile number and address of the Nodal Officer and the appellate authority;
(d) procedure for shifting and transfer of telephone, provision of accessories and customer premises equipment;
(e) information about service availability and coverage for cellular mobile telephone service;
(f) complaint redressal mechanism (including complaint redressal procedure and the time limits for the redressal of grievances by the Call Centre, Nodal Officer and filing and disposal of an appeal by the appellate authority);
(g) an Annexure relating to the Basic Service (wire line) to the Manual containing text of the Quality of Service Benchmarks, in particular the following benchmarks (including provisions relating to rebate as admissible to consumers) for Basic Service (Wire line) specified in clause (i) of regulation 4 of the Regulation on Quality of Service of Basic and Cellular Mobile Telephone Services, 2005 (11 of 2005), as amended from time to time, namely:-
(A) Benchmark against Sl. No. 1 relating to provision of a telephone after registration of demand;
(B) Benchmark against Sl. No. 3 relating to fault repair by next working day;
(C) Benchmark against Sl. No. 8 relating to shifts;
(D) Benchmark against Sl. No. 8 relating to closures;
(E) Benchmark against Sl. No. 10 relating to time taken for refund of deposits after closures;
(h) an Annexure relating to Basic (Wireless) and Cellular Mobile Telephone Service to the Manual containing text of the Quality of Service Benchmarks, in particular the following benchmarks (including provisions relating to rebate as admissible to consumers) for Basic Service (Wireless) and Cellular Mobile Telephone Service specified in clause (ii) of regulation 4 of the Regulation on Quality of Service of Basic and Cellular Mobile Telephone Services, 2005 (11 of 2005), as amended from time to time, namely:-
(A) Benchmark against Sl. No. C(ii) relating to percentage of billing complaints resolved within four weeks;
(B) Benchmark against Sl. No. C(iii) relating to period of all refunds/ payments due to customers from the date of resolution of complaints;
(i) an Annexure relating to Broadband Service to the Manual containing text of the Quality of Service Benchmarks, in particular the following benchmarks (including provisions relating to rebate as admissible to consumers) for Broadband Service specified in regulation 3 of the Quality of Service of Broadband Service Regulations, 2006 (11 of 2006), as amended from time to time, namely:-
(A) Benchmark against Sl. No. (i) relating to service provisioning/ activation time;
(B) Benchmark against Sl. No. (ii) relating to fault repair/ restoration time;
(C) Benchmark against Sl. No. (iii) relating to billing performance;
(D) Benchmark against Sl. No. (v)(b) relating to Broadband connection speed (download):
Provided that the service provider may annex the Annexure referred to in clauses (g), (h) and (i), in the Manual, which relate to the services provided by it; (j) right of consumer for termination or disconnection of the service;
(k) the amount to be deducted, whether as an administrative expenses or otherwise, from the total pre-paid value of service;
(l) provisions of these regulations, in particular relating to the rights of the consumers;
(m) the duties and obligations of the service provider under these regulations;
(n) any other information which may be adversely affecting the consumers.
(2) The Manual shall be prepared in English language and Hindi language and language of the State in which, Basic Telephone Service, Cellular Mobile Telephone Service and Broadband Service, is provided to the consumer. (3) The Manual shall be available for reference at every office of the service provider referred to in sub-regulation (1), Call Centre, customer care centre, help desk, the Nodal Officer, the appellate authority, at the sales outlets and at the website of the service provider and also by any other means which the service provider may consider appropriate. (4) A copy of the Manual or its abridged version (containing salient features such as terms and conditions of service, contact details of Call Centre, the Nodal Officer and the appellate authority, procedure and time limit for redressal of grievances and time limit specified in the Schedule) shall be provided by the service provider or his agent to each consumer at the time of his subscription for service. (5) A copy of the Manual certified by the service provider as "true copy" thereof shall be filed with the Authority within three months from the date of commencement of these regulations: Provided further that a service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, who has been granted a license after the commencement of these regulations, shall file with the authority, within three months of providing services, a copy of manual certified by the service provider "as true copy" thereof. 21. Providing usage details in respect to pre-paid mobile connections. - (1) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall, on request from any consumer, who has been provided pre-paid mobile connection, supply such consumer, at a reasonable cost, the information relating to the itemized usage charges showing actual service usage details in terms of all call data records including value added services, premium rate services and roaming charges, and their monetary value. (2) Every service provider, referred to in sub-regulation (1), shall provide the information referred to in sub-regulation (1) for any period falling in preceding six months immediately preceding the month in which the request has been made by the consumer under the said sub-regulation. (3) For the purposes of sub-regulation (1), the "reasonable cost" means the cost or price not exceeding rupees fifty, or the cost or price payable by the post paid consumers of the same service provider for obtaining the information referred to in sub-regulation (1), or cost or price payable in accordance with the terms and conditions of license of such service provider, whichever is lowest. CHAPTER VII
Miscellaneous
22. Consumer Grievance Redressal Mechanism by other service provider in certain cases. - Every service provider, not falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, and to which these regulations are not applicable or in respect of which no direction has been issued under the Act for establishment of Consumer Grievance Redressal Mechanism or to which the instructions of the Government of India, Ministry of Communications and Information Technology (Department of Telecommunications) Licensing Cell (Basic Services Group) vide No.16-6/2005-BS-II, dated the 22nd September 2005 are not applicable for setting up of mechanism of redressal of consumer grievances, shall, establish an appropriate Consumer Grievance Redressal Mechanism for redressal of grievance of its consumers. 23. Inspection and auditing. - (1) Every service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1, shall maintain complete and accurate records of redressal of grievances by its Call Centres, Nodal Officers and appellate authorities. (2) The Authority may, if it considers it expedient so to do, and to ensure compliance of the provisions of these regulations, by order, in writing, direct any of its officers or employees or through an independent agency appointed by the Authority to,- (a) inspect any Call Centre, Office of the Nodal Officer and the secretariat of the appellate authority and the records maintained under sub-regulation (1); or
(b) get the records maintained under sub-regulation (1) audited.
(3) The person or persons referred to in sub-regulation (2) shall submit to the Authority a report in respect of such inspection or audit, as the case may be. (4) The Authority, if it considers it expedient so to do, may require the service provider referred to in sub-regulation (1) to get the records maintained under sub-regulation (1) audited through an independent agency as may be specified by the Authority and submit the report in respect of such audit to the Authority and the cost of such audit shall be borne by the concerned service provider. 24. Application of other laws not barred. - The provisions of these regulations shall be in addition to, and not in derogation of, any other law for the time being in force. 25. Right of consumers to seek redressal under the Consumer Protection Act, 1986 or any other law for the time being in force. - (1) The provisions of these regulations are in addition to any right conferred upon the consumers under the Consumer Protection Act, 1986 (68 of 1986) or any other law for the time being in force. (2) Any consumer may, at any time,- (a) during pendency of redressal of his grievance, whether by filing of complaint or appeal, under these regulations; or
(b) before or after filing of complaint or appeal, under these regulations, exercise his right conferred upon him under the Consumer Protection Act, 1986 (68 of 1986) or any other law for the time being in force and seek redressal of his grievance under that Act or law.
26. Reckoning of time limit for the purposes of these regulations. - The time limit or the period specified under these regulations for making a complaint or request for redressal of grievance or any other request or making of an appeal, shall exclude the day of making such complaint or request for redressal of grievance or any other request or making of an appeal, as the case may be. 27. These regulations not to apply in certain cases. - Nothing contained in these regulations shall apply to any matter or issue for which- (a) any proceedings, before any Court or tribunal or under the Consumer Protection Act, 1986 (68 of 1986) or any other law for the time being in force, are pending; or
(b) a decree, award or an order has already been passed by any competent Court or tribunal or authority or forum or commission, as the case may be.
(See regulation 11)
Appeal under regulation 11 of the Telecome Consumers Protection and Redressal of Grievances Regulations, 2007 to the appellate authority appointed by....................
(mention name and address of service provider)
| 1. | The Name, Address, Telephone Number, Facsimile number and the e-mail address of the Appellant. | |
| 2. | Telephone Number or Cellular Mobile Telephone Number or Broadband Connection Identity, as the case may be, for which appeal is filed. | |
| 3. | The name of the city/district of the origin of complaint. | |
| 4. | The name of the State or licensed service area, as the case may be, of the origin of complaint. | |
| 5. | Nature of Complaint (specify, whether complaint relates to Provisioning/Activation/Billing/Fault-Repair/Service disruption/disconnection of service/Value Added Service/Closure/Termination or specify if any other) | |
| 6. | The docket number allotted by the Call Centre at the time of lodging complaint under clause (A) of sub-regulation (1) of regulation 4 and date of lodging the complaint with the Call Centre. | |
| 7. | The unique complaint number communicated by the Nodal Officer under clause (c) or regulation 8, and date of lodging the complaint with the Nodal Officer. | |
| 8. | Date of decision of the Nodal Officer and decision intimated by the Nodal Officer under clause (d) of regulation 8, if any. | |
| 9. | Statement of facts relating to grievance or appeal:
(attach separate sheet signed by Appellant if required). |
|
| 10. | Grounds of Appeal: A full description of the matter, which is the cause of the grievance, including copies of any relevant and supporting documents, if any, and the relief claimed in appeal:
(attach separate sheet signed by Appellant if required) |
|
| 11. | A statement to the effect that same subject matter or issue, for which an appeal has been filed under these regulations, is not covered in any proceedings before any Court or tribunal or under the Consumer Protection Act, 1986 (68 of 1986) or any other law for the time being in force. | |
| 12. | Details of any other relevant material or document. | |
| 13. | Whether the Appellant requests to grant him exemption from appearing in person and decide the appeal on the basis of information, document or record filed by him. |
Form For Verification
I,..........................(name in full and in block letters), the appellant, son/daughter of ..........................do hereby declare that to the best of my knowledge and belief, the information given in this appeal and the annexure and statements accompanying the appeal are correct, complete and truly stated.
..........................
Signature of appellant
(Name of appellant).........................
(Specify status of the appellant, whether a)
company/firm/society/individual/other..................
Note 1.-The Form of appeal, grounds of appeal and the Form of verification appended shall be signed by the appellant.Note 2.-The appellant shall submit in duplicate the appeal in this Form.
Schedule
(See regulation 5)
Service Parameters And Time Limit For Service Request Or Redressal Of Complaint Of Telecom Consumers By Call Centres
| Sl. No. | Service Parameter | Time limit for service request or redressal of complaint |
| (1) | (2) | (3) |
| (i) | Provision of Telephone | All cases within seven days (subject to technical feasibility) |
| (ii) | Fault Repair | Within three days |
| (iii) | Shift of Telephone | Within three days |
| (iv) | Closures | Within twenty four hours |
| (v) | Percentage of Billing Complaints resolved with in four weeks | All billing complaints to be resolved within four weeks. |
| (vi) | Time taken for refund of deposits after closure | All cases of refund of deposits to be made within sixty days after closure. |
| B. Basic Service (Wireless) and Cellular Mobile Telephone Service: | ||
| Sl.No. | Service Parameter | Time limit for service request or redressal of complaint |
| (1) | (2) | (3) |
| (i) | Billing Performance | |
| (a) Percentage of Billing Complaints resolved with in four weeks.
(b) Period of all refunds/payments due to customers from the date of resolution of complaints |
(a) All billing complaints to be resolved within four weeks.
(b) All cases of refunds or payments due to customers to be made within four weeks from the date of resolution of billing complaints. |
|
| C. Broadband Service: | ||
| (i) | Service Provisioning/Activation Time | All cases within fifteen days (subject to technical feasibility). |
| (ii) | Fault Repair/Restoration Time | Within three days |
| (iii) | Billing Performance | |
| (a) | (a) Percentage of billing complaints resolved.
(b) Time taken for refund of deposits after closure |
(a) All billing complaints to be resolved within four weeks.
(b) All cases or refund of deposits to be made within sixty days after closure. |
Note :- The Explanatory Memorandum explains the objects and reasons of the Telecom Consumers Protection and Redressal of Grievances Regulations, 2007.
