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A Delhi High Court bench headed by Chief Justice D N Patel issued notice on a PIL moved by NGO 'Justice for Rights Foundation' through its President Satyam Singh Rajput to the Centre and the Telecom Regulatory Authority of India. The NGO alleged that the service providers collected excess subscription fee pursuant to two tariff orders of 2014 & 2015. These orders which increased tariff by 15% and 12.5% were set aside by Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
The petition said that the broadcasters never refunded the excess subscription fee to the consumers even though the tariff orders were set aside and as revealed by an RTI response, no separate accounts were maintained for the amount so collected.
On the basis of the Eleventh Tariff Amendment Order, 2014, the TDSAT had directed all the stake-holders to maintain a separate account with regard to the collection so that the individual subscribers making an excess payment in terms of the T.A.O. could be entitled to adjustment for the succeeding month(s). The Thirteenth Tariff Amendment Order came into effect in 2015. Both these amendments were set aside on April 28, 2015 by TDSAT having considered them untenable and remanded the matter to TRAI.
The petition states that despite the tariff orders being set aside and TDSAT ordering maintenance of separate accounts, the broadcasters have not done the same.
Advocate Harpreet Singh Hora, appearing for ‘Justice for Rights Foundation’ says that the TRAI has denied its role in this case despite of Section 11 and 12 of TRAI Act, which requires the TRAI to call for information, conduct investigation and initiate process of refund.
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