The Telecom Disputes Settlement And Appellate Tribunal (Form, Verification And The Fee For Filing An Appeal) Rules, 2003
Published vide Notification in the Gazette of India, Extraordinary, Part 2, Section 3(i), dated 2.4.2003.
Last Updated 16th August, 2018 [act1028]
(a) "Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
(b) "Appellate Tribunal" means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).
(2) The words and expressions used and not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act. 3. The form and verification while filing an appeal. - The form of filing an appeal under sub-section (2) of section 14-A of the Act and its verification shall be in the format specified in Form A appended to these rules. 4. Fee for filing an appeal. - (1) The fee accompanied with an appeal filed under sub-section (2) of section 14-A of the Act shall be Rs. 10,000 (Rupees ten thousand only) where the respondents are less than four and in the case of four or more respondents the said fee shall be increased by Rs. 50 (Rupees fifty only) per respondent exceeding three in number and shall be [payable by way of e-payment through the website of Telecom Disputes Settlement and Appellate Tribunal i.e. www.tdsat.gov.in or through the Non-Tax Receipt Portal at website www.bharatkosh.gov.in]: Provided that the Chairperson of the Appellate Tribunal may at his discretion either reduce or waive fee payable for filing of appeal. 5. Procedure for service of notices. - (1) All notices required to be served in accordance with the orders of the Appellate Tribunal shall be served in the manner specified in sub-rules (2), (3) and (4). (2) The service of a notice shall be made by hand delivery (Dasti) by the Appellant or respondent, as the case may be, or by a process server or by registered post with acknowledgement due or by speed post or by such courier service or by any other means of transmission of documents (including fax message), as the case may be, and the notice shall be addressed to the respondent or to the appellant, as the case may be. (3) When an acknowledgement or any other receipt purporting to be signed by the respondent or his agent or by the appellant or his agent, as the case may be, is received by the Appellate Tribunal or postal article containing the notice is received back with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the respondent or his agent or the appellant or his agent, as the case may be, had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-rule (2) when tendered or transmitted to him, the Appellate Tribunal shall declare that the notice had been duly served on the opposite party or to the appellant: Provided that where the notice was properly addressed, pre-paid and duly sent by registered post with acknowledgement due, a declaration referred to above, shall be made notwithstanding the fact that the acknowledgement has been lost or mislaid, or for any other reason has not been received by the Appellate Tribunal within thirty days from the date of issue of notice. (4) All notices required to be served on the respondent or the appellant shall be deemed to be sufficiently served, if served in the manner specified in sub-rules (2) and (3) on the address in the case of a respondent to the place where business or profession is carried by the respondent and in case of an appellant where the appellant actually and voluntarily resides or carries on business.FORM A
(See rule 3)
IN THE TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL AT NEW DELHI
Appellate Jurisdiction Appeal No.............../2003.........
In the matter of:
A.B. |
(Name and Address of the licensor or licensee or service provider or a group of consumers) |
………………Appellants(s) |
C.D. |
(Add description and the official or residential address on which the service of notices is to be effected on the respondent or respondents. The details of each respondent are to be given in a chronological order). |
………………Respondents(s) |
(i) Amount
(ii) Transaction Reference No.
(iii) Date.]
12. List of enclosures: 1. 2. 3.VERIFICATION
I.......................................(Name of the appellant), S/o, W/o, D/o (indicate any one, as the case may be).............................age.............working as..............................in the office of ..............resident of...............do hereby verify that the contents of the paras................to..........are true to my personal knowledge (derived from official record) and paras..................to..........believed to be true on legal advice and that I have not suppressed any material facts. Date............... Place..........................................................
Signature of the appellant or authorised officer