TDSAT – How to File Petition/Appeal Before Telecom Disputes Settlement and Appellate Tribunal

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) is a quasi-judicial body to hear petitions and appeals about disputes in the telecom sector and also broadcasting and cable services. TDSAT was set up by the amendment of the TRAI Act, 2000 to adjudicate disputes and dispose of appeals to protect the interests of telecom service providers and consumers.

After the Finance Act 2017, the jurisdiction of the TDSAT has extended to similar matters that lay before the Cyber Appellate Tribunal and Airport Regulatory Authority Appellate Tribunal for faster resolution and settlement of disputes.

TDSAT Members:

• Chairperson (Judge of the Supreme Court or Chief Justice of the High Court)
• A member from the post of secretary of the government of India or equivalent, and
• A person with special experience in the field of telecommunication, technology, industry, commerce, or administration.

The Tribunal has the same powers as the civil courts and follows its own procedure for the disposal of disputes guided by the principles of natural justice.

The licensee, licensors, or group of consumers can file a petition against the disputes in the telecom services link broadband/fiber, internet, network, property, payment (refund or unethical practices in spectrum attachments), and other related.

The petitioners can be the Wireless Service Providers, Basic Telecom Service Providers, Broadcasting and cable service providers, Groups of consumers (Users), Other licensees that are registered under TRAI, and Disputes with TRAI.

The group of consumers can appeal against the orders of the Appellate Authorities of the concerned telecom service providers (Airtel, Jio, Vodafone Idea, BSNL, MTNL, etc.). You can also file a petition to protect the public interest from issues or problems by the interruption of telecom companies or concerned service providers.

File Petition or Appeal to TDSAT

TDSAT (Telecom Disputes Settlement and Appellate Tribunal) has prescribed the procedure and fee to file a petition under the original jurisdiction or to appeal under the appellate jurisdiction. It also appoints a mediator to resolve and settle disputes or cases between the petitioners or groups.

The procedure is defined in the Telecom Disputes Settlement and Appellate Tribunal procedures, 2005, and the format form to file a petition/appeal and fees are in TDSAT (Form, Verification, and the Fee for filling an Appeal) Rules, 2003.

Language of the Tribunal: The language to file a petition, appeal, miscellaneous application, and other pleadings is English. If the hearing bench has the discretionary power to permit the Hindi in its proceedings. You should appeal in English and then you may ask for the alternatives.

Procedure for Filing Petition/Appeal

The petition, appeal, miscellaneous application, and other pleadings can be filed within the guidelines and prescribed procedure of the TDSAT. The basic procedure, the format of the petition form, and other information are provided. Read all the instructions to file a successful appeal/application.

Required Documents/Forms

The required documents, the format of the form, and the other details as per the instructions of the Tribunal are:

• Vakalatnama bearing court stamp of ₹2.5 (If Advocate represents the party).
• One original petition/appeal (Form/Application) with its 4 copies.
• If any page of the document is not readable (legible) then attach a typed copy.
• The petition proforma (format) and the appeal Form (Form-A).
• The verification form with signature.
• Send a copy of the above-mentioned documents to the opposite party before filing a petition or appeal. You must enclose this proof of service in the application/petition.

Procedure

Step 1: Download the Petition Proforma or Appeal Form (Form-A):

Step 2: Fill out the form or write an application (for miscellaneous and other pleadings).

• Fill out the appeal form or petition proforma.
• Attach the required information to the extra pages with the proper listing.
• Attach all copies of the documents and verification form.
• To file a miscellaneous application or pleading write the application to the Tribunal with supportive documents (For format, see the petition proforma).
• Finally, submit the petition/appeal to the registrar with the specified fee.
• After fee payment, attach a copy of the receipt or Mention in Petition: Amount, Transaction Reference No., and Date.
• Get the case number to track the status of the petition.

Also Read: Lodge Grievance to Telecom Regulatory Authority of India (TRAI)

Petition/Appeal Fee

The appeal or petition fee as prescribed by the Tribunal based on the cases is mentioned in the TDSAT Rule, 2005. You may submit the fee by demand draft (DD) or pay online on the official portal of TDSAT by E-payment gateway.

Computation of Fees payable on Petitions/Appeals/Miscellaneous Applications are:

1. For the Petition seeking:

• Declaration relief with consequential relief.
• Directions, injection, and permanent injection.
• Enforcement of regulations framed by TRAI under the Telecom Regulatory Authority of India Act, 1997 (amended.
• Any other petitions that are not covered in these cases.

2. For the appeal under Sub-Section-(2) (Between two or more service providers) of Section-14 A of the TDSAT Act.

The nature of recovery of money (damage compensation) or outstanding amount Fees computation:

Fees are ₹5000 or ad valorem rate of the total amount/total of all amounts claimed (including interest).

The Maximum Fees is 50 Lakhs.

Official Website and Online Payment Details of TDSAT

The Filing Counter Timings are: 09.30 AM to 1.30 PM & 2.00 PM to 4.00 PM (Except Public Holidays)

Mediation Procedure

The petition can be applied for the mediation if:

• The pending petitions or other proceedings before TDSAT
• Pre-litigation matters.
• The cases assigned by the TDSAT.

The petitioner/party with the consent of the other party can apply within the proforma as prescribed by the TDSAT. You can e-mail the application form with copies of the required documents.

The Fees, E-mail, and Other Details:

Mediation can help to resolve your case faster and more transparently with an acceptable settlement and mutual understanding of both parties. The final decisions can be challenged in the TDSAT but its acceptance depends on the board/tribunal.

You may appoint your advocate to represent the case on your behalf. All the mediation procedures and details are provided in the file that you can download from the table above.

Also Read: Lodge Grievance to Telcom Appellate Authorities of – Airtel | Jio Infocom| Vodafone Idia (VI)

Official Address of TDSAT

• Address: Telecom Disputes Settlement & Appellate Tribunal (TDSAT), R.No.478, 4th Floor, Hotel Samrat, Kautilya Marg, Chanakyapuri, New Delhi – 110021
• E-mail: tdsat@nic.in
• Phone: 01124102563, 01126873411
• EPABX: Above Phone No.
• Directory: View Contact Number

For more detailed information about the TDSAT, you may visit the official website or follow the references.

References

• The Telecom Regulatory Authority of India Act, 1997
• Procedure of Filing Petition/Appeal before TDSAT
• Introduction of Mediation Centre of TDSAT