Section 17 of The Airports Economic Regulatory Authority of India Act, 2008
17. 1[Appellate Tribunal].-- 2[The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act] to--
- (a)adjudicate any dispute--
- (i)between two or more service providers;
- (ii)between a service provider and a group of consumer: Provided that the Appellate Tribunal may, if considers appropriate, obtain the opinion of the Authority on any matter relating to such dispute: Provided further that nothing in this clause shall apply in respect of matters--
- (i)relating to the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of section 5 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);
- (ii)relating to the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under section 9 of the Consumer Protection Act, 1986 (68 of 1986);
- (iii)which are within the purview of the Competition Act, 2002 (12 of 2003);
- (iv)relating to an order of eviction which is appealable under section 28K of the Airports Authority of India Act, 1994 (55 of 1994).
- (b)hear and dispose of appeal against any direction, decision or order of the Authority under this Act.
Summary
- The Appellate Tribunal for the purposes of this Act is actually the Telecom Disputes Settlement and Appellate Tribunal established under a different law.
- The Tribunal's job is to settle disputes between two or more service providers, or between a service provider and a group of consumers.
- The Tribunal also hears and decides on appeals made against any direction, decision, or order issued by the Authority.
- The Tribunal can ask for the Authority's opinion on a dispute if it thinks that is appropriate.
- The Tribunal is legally forbidden from handling certain specific issues, such as individual consumer complaints, monopolies, unfair trade practices, anti-competition matters, and airport eviction orders.
Practical examples
FAQ
1. Did the government create a brand new court just for airport disputes?
No, the Act uses the already existing Telecom Disputes Settlement and Appellate Tribunal to act as the Appellate Tribunal for airport issues.
2. Can a single passenger take a complaint about terrible airline food to this Tribunal?
No. The Tribunal does not handle complaints from an individual consumer if the complaint can be handled by a Consumer Disputes Redressal Forum.
3. What role does the Authority play when two service providers have a dispute at the Tribunal?
The Tribunal may, if it considers it appropriate, obtain the opinion of the Authority on any matter relating to the dispute.
Test yourself
Q1.Under Section 17 of The Airports Economic Regulatory Authority of India Act, 2008, which body functions as the Appellate Tribunal for the purposes of this Act?
Q2.Under Section 17 of The Airports Economic Regulatory Authority of India Act, 2008, which of the following disputes is the Appellate Tribunal permitted to adjudicate?
Q3.Under Section 17 of The Airports Economic Regulatory Authority of India Act, 2008, what action can the Appellate Tribunal optionally take when adjudicating a dispute between two service providers?
Q4.Under Sections 15 and 17 of The Airports Economic Regulatory Authority of India Act, 2008, what is the legal recourse if a service provider strongly disagrees with a direction issued to them by the Authority under Section 15?