| Authority to settle disputes |
14. (1) If a dispute arises, in respect of matters referred to in sub-section (2), among service providers or between service providers and a group of consumers, such disputes shall be adjudicated by a bench constituted by the Chairperson and such bench shall consist of two members;
Provided that if the members of the bench differ on any point or points they shall state the point or points on which they differ and refer the same to a third member for hearing on such point or points and such point or points shall be decided according to the opinion of that member.
(2) The bench constituted under sub-section (1) shall exercise, on and from the appointed day all such jurisdiction , powers and authority as were exerciseable immediately before that date by any civil court on any matter relating to-
- technical compatibility and inter-connections between service providers;
- revenue sharing arrangements between different service providers;
- quality of telecommunication services and interest of consumers;
Provided that nothing in sub-section shall apply in respect of matters relating to-
- the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of section 5 of the Monopolies and Restrictive Trade Practices Act, 1969;
- the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under section 9 of the Consumer Protection Act, 1986;
- dispute between telegraph authority and any other person referred to in sub-section (1) of section 7B of the Indian Telegraph Act, 1885.
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54 of 1969
68 of 1986
13 of 1885 |
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| Filing of application to Authority and procedure for passing order by it. |
15. (1) An aggrieved person may make an application in respect of matters referred to in sub-section (2) of section 14 within such period as may be prescribed.
Filing of application to Authority and procedure for passing order by it. Explanation – For the purpose of this sub-section, the expression "aggrieved person" means-
- any service provider who has a dispute in respect of matters referred to in clauses (1) and (ii) of sub-section (2) of section 14;
- where any loss or damage is caused to a group of consumers, any member representing such group of consumers.
(2) On receipt of an application made under sub-section (1), the Authority may, after giving the parties an opportunity of being heard, pass such orders as it thinks fit preferably within a period of six months from the date of filing of such application and shall record reasons in writing if final order cannot be passed within the said period.
(3) While arriving at a decision, the Authority shall record in writing the reasons for such decision.
(4) Every decision of the Authority shall be published in the annual report of the Authority
(5) The orders and directions of the Authority shall be binding on the service providers, Government and all other persons concerned.
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5 of 1908 45 of 1860
2 of 1974 |
16. (1) The Authority shall be guided by the principles of natural justice.
(2) The Authority shall have, for the purpose of discharging their functions under this Chapter , the same powers as are vested in a civil court under the Code of civil Procedure, 1908 in respect of the following matters, namely
- summoning and enforcing the attendance of any person and examining him on oath;
- requiring the discovery and production of documents;
- receiving evidence on affidavits;
- issuing commissions for the examination of witnesses or documents;
- reviewing its decisions;
- dismissing an application for default or deciding it ex parte;
- setting aside any order of dismissal of any application for default or any order passed by it ex parte;
- any other matter which may be prescribed.
(3) Every proceeding before the Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code and the Authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure 1973.
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Procedures and powers of Authority |
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17. The applicant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the Authority. |
Right to legal represent- ation |
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18. Any person aggrieved by any decision or order of the Authority may file an appeal to the High Court within thirty days from the date of communication of the decision or order of the Authority to him;
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. |
Appeal to High Court |
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19. Every order made by the Authority under this Act or the order made by the High Court in any appeal against any order of the Authority shall, on a certificate issued by any officer of the Authority or the Registrar of the High Court , as the case may be, be deemed to be decree of the civil court and shall be executable in the same manner as a decree of that court. |
Orders passed by Authority or High Court to be executable as a decree. |
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20. If any person wilfully fails to comply with the orders of the Authority or any order of the High Court , as the case may be, he shall be punishable with fine which may extend to one lakh rupees and incase of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues. |
Penalty for wilful failure to comply with orders of Authority or High Court. |