Section 14 of The Telecom Regulatory Authority of India Act, 1997
1[The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Telecom Disputes Settlement and Appellate Tribunal to--
- (a)adjudicate any dispute--
- (i)between a licensor and a licensee;
- (ii)between two or more service providers;
- (iii)between a service provider and a group of consumers: Provided that nothing in this clause shall apply in respect of matters relating to--
- (A)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);
- (B)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);
- (C)the dispute between telegraph authority and any other person referred to in sub-section (1) of section 7B of the Indian Telegraph Act, 1885 (13 of 1885);
- (b)hear and dispose of appeal against any direction, decision or order of the Authority under this Act. 2[(c) exercise jurisdiction, powers and authority conferred on—
- (i)the Appellate Tribunal under the Information Technology Act, 2000 (21 of 2000); and
- (ii)the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008).]
Summary
- The Central Government must establish the Telecom Disputes Settlement and Appellate Tribunal to resolve telecom sector disputes and hear appeals.
- The Tribunal resolves disputes between licensors and licensees, between different service providers, and between service providers and consumer groups.
- It is barred from handling monopolistic, restrictive, or unfair trade practices, individual consumer complaints under consumer forums, and specific telegraph authority disputes.
- It hears and decides appeals against any directions, decisions, or orders made by the Telecom Regulatory Authority of India.
Practical examples
FAQ
1. Why is the Appellate Tribunal established under Section 14 of the Telecom Regulatory Authority of India Act, 1997?
Under Section 14 of the Telecom Regulatory Authority of India Act, 1997, the Central Government establishes the Telecom Disputes Settlement and Appellate Tribunal to settle disputes within the telecom sector and to hear appeals against any direction, decision, or order made by the regulatory authority.
2. What kinds of disputes can the tribunal resolve under Section 14 of the 1997 Indian telecom regulator law?
Under Section 14 of the 1997 Indian telecom regulator law, the tribunal can adjudicate disputes between a licensor and a licensee, between two or more service providers, or between a service provider and a group of consumers.
3. What types of cases are excluded from the tribunal's jurisdiction under Section 14 of the TRAI Act, 1997?
Under Section 14 of the TRAI Act, 1997, the tribunal cannot handle individual consumer complaints, which must go to consumer courts, disputes involving unfair or restrictive trade practices, or individual telegraph disputes.
Test yourself
Q1.Under Section 14 of the Telecom Regulatory Authority of India Act, 1997, which of the following disputes falls outside the adjudication jurisdiction of the Telecom Disputes Settlement and Appellate Tribunal?
Q2.Unlike the term rules for the regulatory authority's members under Section 5 of the Telecom Regulatory Authority of India Act, 1997, how does the age limit differ for the Chairperson of the Appellate Tribunal established under Section 14?
Q3.Under Section 14 of the Telecom Regulatory Authority of India Act, 1997, the Appellate Tribunal has the power to hear appeals against which of the following?
Q4.While Section 9 of the Telecom Regulatory Authority of India Act, 1997 ensures that vacancies in the Authority do not invalidate its proceedings, how does Section 14F handle a vacancy in the Appellate Tribunal established under Section 14?
Q5.Under Section 14 of the Telecom Regulatory Authority of India Act, 1997, the Appellate Tribunal has been granted jurisdiction to act as the appellate body under which of the following additional laws?