Download This PaperComplete Lack of Intelligent Care and Deliberation in Framing a Regulation: A Comment on COAI v. TRAI
NCU Law Review, Northcap University, Vol.1, Issue 1 (March, 2018) (ISSN No.)
8 Pages Posted: 13 May 2020
Date Written: 2018
Abstract
Over the years, the Telecom Regulatory Authority of India (TRAI) has taken many steps to solve the problem of call drops, however the problem is still existing. Recently, TRAI issued the Ninth Amendment to the Telecom Consumer Protection Regulations, 2015 and thereby imposed a duty on the part of service providers to compensate consumers in cases of call drops. This regulation has been challenged before the Hon’ble Delhi High Court and was upheld. However, on an appeal Hon’ble Supreme Court points out that, the Ninth Amendment to the Telecom Consumer Protection Regulations, 2015 is ultra vires to Section 36 read with Section 11 of the TRAI Act, 1997. The Apex Court also declared that, the impugned regulation violates the appellant’s fundamental rights under Article 14 and Article 19(1) (g) of the Constitution. This paper briefly examines the judgment in Cellular Operators Association of India and Others v. Telecom Regulatory Authority of India and Others.
Keywords: TRAI, Consumer
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