The Hindu Business Line : `TDSAT must consider alternative methods of dispute resolution'

The Supreme Court Judge, Mr Justice S.N. Variava (centre), with the former judge, Mr D.P. Wadhwa, and the TDSAT Chairman, Mr N. Santosh Hegde (left), at the inaugural of a seminar on `Dispute resolution scenario and protection of consumer rights in the telecom and broadcasting sectors' in Hyderabad on Saturday. — Satish H .

Hyderabad , Oct.8

THE Supreme Court Judge, Mr Justice S.N. Variava, has said the Telecom Dispute Settlement and Appellate Tribunal (TDSAT) could consider the scope for adopting alternative methods of dispute resolution such as arbitration, mediation and conciliation.

Speaking here on "Dispute resolution scenario and protection of consumer rights in the telecom and broadcasting sectors" organised by TDSAT, Justice Variava favoured a dedicated bureau. The bureau could enhance public understanding of TDSAT, take care of the filing procedure and provide legal assistance and counselling.

Expressing concern at the vulgarity on television, he felt that the power to check it could be given to a quasi-judicial body such as TDSAT.

The Member of the Telecom Regulatory Authority of India, Mr D.P.S. Seth, said "tariff convergence is taking place due to constantly falling prices for mobile services due to competition. This has led to fixed mobile connection substitution, a phenomenon that has been evident in India since 2003-2004. This has been observed in several other countries, especially those with developing telecom networks. Due to this convergence, marketing flexibility has increased the ability to offer bundled or flat rate service."

Mr. Seth said that there was a need for technology-neutral licensing. That means, a licensee retains the ability to choose which technology and equipment it will use to provide the licensed service. This provides a fair and predictable regulatory regime flexible enough to embrace the right technology and market developments.

`Consumers can approach TDSAT as a group'

The Chairman of TDSAT, Mr Justice N. Santosh Hegde, said consumers can now approach the TDSAT as a group and resolve their cases, provided they have a common grievance.

These could be relating to cable operators, mobile telephones and any other matter mandated by the Government to be resolved by the TDSAT.

Addressing a press conference here after a one-day national seminar here, Mr Justice Hegde said this move was part of the tribunal effort to educate consumers about the advantages of knocking at TDSAT and see how best this forum can be used.

Mr. Justice Hegde said that though the tribunal had the authority to actually recommend as to what shape a particular regulation could take, it had thus far not exercised this option. Since already the Government and the Telecom Regulatory Authority of India were are seized with some of the regulatory issues, it was not appropriate to address them.

The event witnessed extremely enthusiastic participation from various stakeholders.

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