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The telecom regulator has recommended the setting up of an Ombudsman on lines similar to the insurance sector, in order to resolve the increasing number of consumer complaints in the telecom sector.
“There is a need for an independent and appropriately empowered structure to be created for resolution of grievances of telecom consumers. An office of Ombudsman needs to be established,” the Telecom Regulatory Authority of India ( Trai ) has noted its recommendations to the telecom department on Friday.
The recommendations come eight months after the Trai floated the consultation paper in July last year.
Explaining the role of the Ombudsman, the recommendation says, “the Ombudsman will be will be required to act in accordance with the principles of natural justice”.
It will have the power to award compensation to the consumer, award costs and issue directions to the telecom service providers for the performance of specific obligations. “The decision of the Ombudsman will be final and binding on all parties. Also, in order to function as an effective body, the Ombudsman should have the power to penalties on telecom service providers,” the regulator has proposed.
The regulator floated the paper within a few months of the Supreme Court shooting down its order that asked telcos to compensate subscribers for calls dropped due to an error at the operators' end.
The recommendation entails a three stage redressal mechanism, under which the first stage would be resolution by the concerned telecom service provider. “ It will be the duty of the concerned telecom service provider to look into the request and address the consumers concerns within the stipulated time frames stipulated by the Authority” the recommendation explains.
However, in cases where the consumers’ complaints/concerns cannot satisfactorily addressed by the telecom service provider within the stipulated time frame, the customer will have the option to seek further redress through the new independent mechanism recommended by the authority. “ This will consist of a process of a resolution based on fact finding by consumer grievance redressal forum (CGRFs), followed if necessitated, determination by the Telecom Ombudsman,” the recommendation says.
However, the recommendation clarifies that only the complaints which relate to “clearly identifiable” and “measurable rights” vested with individual subscribers flowing out of the contract of service with the telecom service provider , rules/regulations/requirements laid down by the Authority or the licensor , which have bearing on the relationship between the telecom service provider and the individual consumer may qualify for such redress.
The authority has further specified that the CGRFs could be created by leveraging the existing field formations of the government such as public grievance cells, telecom enforcement, resource and monitoring cells that already have a reasonable presence across the country at state level/ licence area level.
“ These CGRFs shall be primarily responsible for settling the facts, facilitating mediation and will also offer a solution if the parties themselves cannot arrive at a settlement,” the recommendations says. Finally, the consumers may approach the Ombudsman.
Currently, only the Telecom Complaint Redressal Regulations 2012 provide for consumer redressal, but consumer groups and industry say it is a far cry from an independent body.
Experts say the regulation mandates all telecom service providers (TSPs) should set up a two-tier grievance redressal mechanism but that clearly won't be an independent body.
The GSM and CDMA industry associations -
COAI and AUSPI - had in 2007 joined hands to set up an ombudsman but that never saw the light of the day.
Trai suggest setting up of Ombudsman for dealing with consumer complaints, Telecom News, ET Telecom
“There is a need for an independent and appropriately empowered structure to be created for resolution of grievances of telecom consumers. An office of Ombudsman needs to be established,” the Telecom Regulatory Authority of India ( Trai ) has noted its recommendations to the telecom department on Friday.
The recommendations come eight months after the Trai floated the consultation paper in July last year.
Explaining the role of the Ombudsman, the recommendation says, “the Ombudsman will be will be required to act in accordance with the principles of natural justice”.
It will have the power to award compensation to the consumer, award costs and issue directions to the telecom service providers for the performance of specific obligations. “The decision of the Ombudsman will be final and binding on all parties. Also, in order to function as an effective body, the Ombudsman should have the power to penalties on telecom service providers,” the regulator has proposed.
The regulator floated the paper within a few months of the Supreme Court shooting down its order that asked telcos to compensate subscribers for calls dropped due to an error at the operators' end.
The recommendation entails a three stage redressal mechanism, under which the first stage would be resolution by the concerned telecom service provider. “ It will be the duty of the concerned telecom service provider to look into the request and address the consumers concerns within the stipulated time frames stipulated by the Authority” the recommendation explains.
However, in cases where the consumers’ complaints/concerns cannot satisfactorily addressed by the telecom service provider within the stipulated time frame, the customer will have the option to seek further redress through the new independent mechanism recommended by the authority. “ This will consist of a process of a resolution based on fact finding by consumer grievance redressal forum (CGRFs), followed if necessitated, determination by the Telecom Ombudsman,” the recommendation says.
However, the recommendation clarifies that only the complaints which relate to “clearly identifiable” and “measurable rights” vested with individual subscribers flowing out of the contract of service with the telecom service provider , rules/regulations/requirements laid down by the Authority or the licensor , which have bearing on the relationship between the telecom service provider and the individual consumer may qualify for such redress.
The authority has further specified that the CGRFs could be created by leveraging the existing field formations of the government such as public grievance cells, telecom enforcement, resource and monitoring cells that already have a reasonable presence across the country at state level/ licence area level.
“ These CGRFs shall be primarily responsible for settling the facts, facilitating mediation and will also offer a solution if the parties themselves cannot arrive at a settlement,” the recommendations says. Finally, the consumers may approach the Ombudsman.
Currently, only the Telecom Complaint Redressal Regulations 2012 provide for consumer redressal, but consumer groups and industry say it is a far cry from an independent body.
Experts say the regulation mandates all telecom service providers (TSPs) should set up a two-tier grievance redressal mechanism but that clearly won't be an independent body.
The GSM and CDMA industry associations -
COAI and AUSPI - had in 2007 joined hands to set up an ombudsman but that never saw the light of the day.
Trai suggest setting up of Ombudsman for dealing with consumer complaints, Telecom News, ET Telecom