1. Presentation by: Pradeep S. Mehta Secretary General, CUTS International sg-cuts@cuts-international.org STATUS OF DISPUTE SETTLEMENT MECHANISM IN TELECOM SECTOR IN INDIA: CONSUMERS’ PERSPECTIVE Seminar on “Dispute Settlement Mechanism and Protection of Consumer Rights & Redressal of Public Grievances in the Telecom Sector” 3 rd September 2005, Jaipur

2. 1. Introduction 2. Consumer Concerns in Telecom and Cable TV Sectors 3. Dispute Settlement System in India 4. Measures for Improving Consumer Disputes Resolution CONTENTS

3. Sector traditionally managed by government or Public Sector Enterprises Emerged as a vital utility service for the economy Opening up of telecom sector to competition in mid-1990s Tremendous growth in the recent past However, the quality of service has taken a beating too Data available with TRAI shows, quantum of consumer complaints is on the rise 1. INTRODUCTION

4. Service Charges Disputes in relation to types and amounts of charges levied Billing Dispute over bills for calls not made or services not requested Failure to provide accurate reporting/itemization of charges Poor Quality of Service Telemarketing / Privacy 2. CONSUMER CONCERNS: Telecom Services

5. Frequent hike in cable subscription charges No choice in selection of TV channels Proper money receipt not issued Lack of proper complaint redressal system Abuse of monopoly by MSOs/cable operators e.g. abuse of monopoly by Bhaskar and its franchisee cable operators in Jaipur Cable TV market Consumer victim of dispute between operators e.g. transmission of ESPN-Star Sports blocked due to dispute between Bhaskar and the broadcaster 2. CONSUMER CONCERNS: Cable TV Services Contd…

6. 3. DISPUTE SETTLEMENT SYSTEM IN INDIA Measures by Service Providers: Common charter of telecom services adopted BUT no adherence by service providers Complaint cells operated by Service Providers BUT no proper handling of customer complaints Measures by TRAI: Issues Orders/Directives BUT lacks enforcement (e.g. Cable TV case of Jaipur); not effective in handling local-level complaints

7. 3. DISPUTE SETTLEMENT IN INDIA Disputes Settlement by TDSAT Addresses disputes between service provider and group of consumers BUT not adequate for addressing local-level problems Consumer Fora Set up to address individual consumer complaints BUT already over-burdened and significant delay in disposing off cases Contd…

8. 4. MEASURES FOR IMPROVING CONSUMER DISPUTES RESOLUTION Creating awareness among consumers Capacity building of consumer organisations Involvement of consumer representatives in adjudication of complaints Equip regulatory body with adequate resources Institute local-level redressal mechanisms Establishment of the Office of Ombudsman Alternate Dispute Redressal through Consumer Organisations

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