TRAI's Establishment
Trai members
It is composed of the Chairperson and other members, who will be chosen by the Central Government and have expertise in related fields. The government must check each candidate's background and financial interests before appointing them. The Authority may receive instructions from the Chairperson, who has overall superintendence authority. If any members are discovered to have engaged in misbehaviour, to be insolvent, to abuse their positions of authority, or to be mentally or physically unfit, then the central government may remove them.
Power And Trai's Functions
- Offer advice and guidelines on numerous situations.
- New service provider can be introduced
- Set forth the conditions for the service provider's license.
- License cancellation due to violation of terms and conditions
- Measures to encourage wholesome competition
- Measures to encourage effective services in the telecommunications sector
- Advancements in the technology sector
- Examination of the service provider's equipment
- Improvements that can be made to service providers' offerings
- Effectively managing the existing spectrum
- Control of telecommunications service rates and tariffs
- Manage the service provider's quality and standards
- Keep the register.
- The ability to occasionally give orders
- Any additional duties assigned by the Central Government.
Telecom arbitration and dispute resolution tribunal
A dispute resolution tribunal was established to adjudicate disputes and decide appeals with a view to protecting the interests of service providers and consumers of the telecom sector and to promote and ensure the orderly growth of the telecom sector in order to bring clarity and strengthen the regulatory framework and the disputes settlement mechanism in the telecommunication sector. A disagreement that occurs is handled and resolved in this tribunal-
- Between a service provider and a customer
- Between a licensee and a licensor <liBetween service providers
- Section 74- Publication with the Intent to Commit Fraud
Who cannot approach the Tribunal
- If the issue is between the telegraph authority and any other party
- The case is related to restrictive trade practices and unfair trade practices
- No one may appear in court on their own complaint.
The process for resolving disputes and making appeals to the tribunal
- Any person may appeal to the appellate tribunal if they are dissatisfied with a judgment, instruction, or order made by an authority.
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Every appeal must be filed within 30 days of the authority's order, decision, or direction.
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Appeals are only permitted after 30 days if someone has good cause for not filing within that window of time.
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The tribunal must hear from both sides.
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Additionally, the Tribunal must transmit TRAI a copy of the order.
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If an appeal is filed against a TRAI order, the tribunal will attempt to resolve the matter within 90 days.
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If a ruling is not made within 90 days, the tribunal must provide written justifications for why the issue has not been resolved.
All appeals that were pending before the tribunal was established at the High Court will be forwarded to the Tribunal. Any dispute that comes under the jurisdiction of the Appellate Tribunal cannot be heard by the Civil Court.
Members of the Tribunal Who Resolve Disputes
- Cyber Security
- The Tribunal shall be composed of a chairperson and two additional members who shall be nominated by the federal government in consultation with the Chief Justice of India.
- The Tribunal's Bench Seats usually meets with the tribunal chairperson in New Delhi and any other locations requested by the central government.
- The central government notifies each bench's jurisdiction.
- The case may be transferred to a different bench if needed by the chairperson or any other tribunal member.
- Any member may be expelled by the central government for any of the following reasons-
- If there is an existence of moral turpitude
- If any member has been labelled insolvent
- If unable to act due to physical or mental illness
- If authority has been abused or any other unlawful behaviour has occurred
Tribunal's Power
- The Appellate Tribunal has its own rules and processes that are based on the idea of natural justice, and it has the authority to govern procedures as it sees fit.
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The Appellate Tribunal has the same authority as the Civil Court in a small number of cases, such as when it comes to requiring somebody to appear in court.
- A test under oath
- Verifications and document production
- Affidavits accepting evidence
- Requesting any public record or document from any office, or a copy of such a record or document
- Investigation of witnesses or records Decision analyses
- Can manage ex-parte-related matters.
The appellant may appear personally or may designate counsel, certified public accountants (CPAs), corporate secretaries, cost accountants, or other officers to represent him before the Appellate Tribunal. If the appeal is not resolved within ninety days of the ruling, the appellant may also file a case with the Supreme Court. The appellant may approach the Supreme Court of India in this circumstance.
A fine may be levied on anyone who wilfully disobeys a tribunal order. To safeguard the interests of consumers, the TRAI has taken a number of actions. To assist customers in resolving their complaints, a website called "The Telecom Consumer Complaint Monitoring System" was built.