Bare Acts Live

(a) all service providers including Bharat Sanchar Nigam Limited and Mahanagar Telephone Nigam Limited, being the companies registered under the Companies Act, 1956 (1 of 1956) providing, -

(i) Basic Telephone Service;

(ii) Unified Access Services;

(iii) Cellular Mobile Telephone Service;

(b) all service providers (including the Bharat Sanchar Nigam Limited and the Mahanagar Telephone Nigam Limited) providing Broadband Service:

(a) "Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);

(b) "appellate authority" means one or more persons appointed as appellate authority under regulation 10, by a service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1;

(c) "Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Act;

(d) "Basic Telephone Service" covers collection, carriage, transmission and delivery of voice or non-voice messages over licensee's Public Switched Telephone Network in licensed service area and includes provision of all types of services except those requiring a separate license;

(e) "Broadband" or "Broadband Service" means a data connection, -

(i) which is always on and is able to support interactive services including Internet access;

(ii) which has the capability of the minimum download speed of two hundred fifty six kilo bits per second or such minimum download speed, as may be specified by the licensor, from time to time, to an individual subscriber from the point of presence of the service provider intending to provide Broadband service where a multiple of such individual Broadband connections are aggregated and the subscriber is able to access these interactive services including the Internet through the said point of presence;

(iii) in which the interactive services shall exclude any services for which a separate license is specifically required (such as real-time voice transmission) except to the extent permitted, or, as may be permitted, under Internet service provider's license with internet telephony, and which shall include such services or download speed or features, as may be specified from time to time, by the licensor;

(f) "Call Centre" means a department or a section or a facility established under regulation 3 by the service provider, falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1 for redressal of grievances of its consumers by telephone or electronic means or by any other means;

(g) "Cellular Mobile Telephone Service"-

(i) means telecommunication service provided by means of a telecommunication system for the conveyance of messages through the agency of wireless telegraphy where every message that is conveyed thereby has been, or is to be, conveyed by means of a telecommunication system which is designed or adapted to be capable of being used while in motion;

(ii) refers to transmission of voice or non-voice messages over Licensee's Network in real time only but service does not cover broadcasting of any messages, voice or non-voice, however, Cell Broadcast is permitted only to the subscribers of the service,

(iii) in respect of which the subscriber (all types, pre-paid as well as post-paid) has to be registered and authenticated at the network point of registration and approved numbering plan shall be applicable;

(h) "consumer" means a consumer of a service provider falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1 and includes its customer and subscriber ;

(i) "Indian language" means a language specified in the Eighth Schedule to the Constitution;

(j) "Internet Service" means all types of Internet access or Internet content services as provided in the license;

(k) "License" means a license granted or having effect as if granted under section 4 of the Indian Telegraph Act, 1885 (13 of 1885) or the provisions of the Indian Wireless Telegraphy Act, 1933 (17 of 1933);

(l) "Manual" means the Manual of Practice for handling consumer complaints referred to in regulation 20;

(m) "Nodal Officer" means the officer appointed or designated under regulation 6 by a service provider falling in clause (a) or clause (b) of sub-regulation (3) of regulation 1;

(n) "Public Switched Telephone Network" means a fixed specified switched public telephone network providing a two-way switched telecommunications service to the general public;

(o) "regulations" means the Telecom Consumers Protection and Redressal of Grievances of Regulations, 2007;

(p) "Schedule" means the Schedule annexed to these regulations;

(q) "Unified Access Services"-

(i) means telecommunication service provided by means of a telecommunication system for the conveyance of messages through the agency of wired or wireless telegraphy;

(ii) refers to transmission of voice or non-voice messages over Licensee's Network in real time only but service does not cover broadcasting of any messages, voice or non-voice, except, Cell Broadcast which is permitted only to the subscribers of the service;

(iii) in respect of which the subscriber (all types, pre-paid as well as post-paid) has to be registered and authenticated at the network point of registration and approved numbering plan shall be applicable;

(r) all other words and expressions used in these regulations but not defined, and defined in the Act and the rules and other regulations made thereunder, shall have the meanings respectively assigned to them in the Act or the rules or other regulations, as the case may be.

CHAPTER II

Redressal of Grievances of Telecom Consumers by Call Centres of Service Providers

(a) different services in a licensed service area, may, at its option, set up one or more Call Centres, being common or separate, for such services being provided by it;

(b) services in two or more licensed service areas, may, at its option, set up one or more Call Centres, being common or separate, for one or more such service areas.

(a) employ or engage sufficient number of officers or employees at its Call Centres;

(b) earmark or allot or establish a basic telephone or cellular mobile telephone number having sufficient lines or connections to be called as the "toll free number" or "consumer care number" or "help line number" or "special number", as the case may be, at its Call Centres, so as to ensure compliance with the Quality of Service benchmarks for the parameter "Response Time to the Customer for Assistance" both for percentage of calls answered electronically by interactive voice response system (IVRS) and percentage of calls answered by operator (voice to voice) specified in the Regulation on Quality of Service of Basic and Cellular Mobile Services, 2005 (11 of 2005), dated the 1st July, 2005 published under F. No. 305-2/2005(QoS) Vol. II on the 8th July, 2005 and the Quality of Service of Broadband Service Regulations, 2006 (11 of 2006), dated the 6th October, 2006 published under No. 304-6/2004-QoS on the 10th October, 2006 in the Official Gazette, Part III, Section 4, as amended from time to time by the Authority.

(a) register such complaint by allotting a unique identification number to be called the docket number:

(b) communicate, at the time of lodging the complaint, the unique identification number to be called docket number, date and time of registration of the complaint, to the consumer;

(c) record details in respect of such complaint;

(d) intimate to the consumer,-

(i) through telephone or other electronic means or any other means; and

(ii) within the time limit specified in regulation 5, the action taken on the complaint; and

(e) intimate contact details of the Nodal Officer (including his name, telephone number and address) to the consumer in case the consumer is not satisfied with the redressal of his grievance or when requested by him.

(a) where no parameter or time limit, relating to fault or disruption of service or disconnection of service, has been specified in the Schedule, all complaints relating to such fault or disruption of service or disconnection of service shall be redressed within three days from the date of registration of complaint;

(b) where no parameter or time limit has been specified in these regulations or any other regulations made under the Act for redressal of any grievance, all such complaints shall be redressed within seven days from the date of registration of complaint;

(c) where lesser time limit has been specified by any other law for the time being in force or other regulations made under the Act or by the licensor or by the service provider for redressal of grievance, the Call Centres shall redress the grievances of the consumer within such specified time.

CHAPTER III

Redressal of Consumer Grievances by Nodal Officers

(a) give, through a public notice in a newspaper published in Hindi/English language and in a newspaper published in an Indian language in circulation in the area in which such service provider is providing services and through telephone bills if issued by the service provider, indicating therein the name of the Nodal Officer, his address and telephone number, e-mail address, facsimile number and other means of contacting him in respect of each area for which the Nodal Officers have been appointed or designated and thereafter give such public notice at least once in twelve months in the same manner:

(b) display, at its each office, Call Centre, customer care centre, help desk, and, at the sales outlets, website and at the office of the Nodal Officer and the appellate authority, the name of the Nodal Officers, their addresses and telephone numbers, e-mail addresses, facsimile numbers and other means of contacting them, in respect of each area for which the Nodal Officers have been appointed or designated.

(a) be accessible to the consumers at the address made available by the public notice and telephone bills, as referred to in clause (a) of sub-regulation (2) of regulation 6;

(b) register every complaint lodged by the consumers;

(c) communicate, within three days from date of the receipt of the complaint, the unique complaint number to the consumer;

(d) after taking the remedial measure for redressal of the grievance or decision thereon, intimate, within the time limit specified in regulation 9, the remedial measure or decision taken, to the consumer.

CHAPTER IV

Appeal to Appellate Authority of Service Provider for Redressal of Consumer Grievances

(a) give, a public notice in a newspaper published in Hindi/English language and in a newspaper published in an Indian language in circulation in the area in which such service provider is providing services and through telephone bills if issued by the service provider, indicating therein, the address of the appellate authority and the telephone number, e-mail address, facsimile number and other means of contacting the secretariat of the appellate authority and the procedure for filing the appeal, and, thereafter, give such public notice at least once in twelve months in the same manner;

(b) display, at its each office, Call Centre, customer care centre, help desk, and, at the sales outlets, website, office of the Nodal Officer and appellate authority, the name of the appellate authority, its address and telephone numbers, e-mail address, facsimile numbers and other means of contacting the secretariat of the appellate authority and procedure for filing the appeal, in respect of each licensed service area for which the appellate authority has been appointed.

(a) at its every office and sales outlets, and at every office of the Nodal Officer and the appellate authority;

(b) at its website for download by consumers.

(a) register every appeal immediately on receipt of the same and send, within three days of receipt of the appeal, an acknowledgement to the appellant indicating the serial number of the appeal registered;

(b) forward, within six days from the date of receipt of an appeal, a copy of the appeal to the concerned service provider for filing reply.

(a) the number of appeals received;

(b) number of appeals pending;

(c) number of appeals disposed of ; and

(d) such other particulars, as may be required by the Authority, for discharge of its functions under the Act.

CHAPTER V

Complaints Referred by Authority to Service Providers for Redressal of Consumer Grievances

(a) being the complaints alleging violation of the Act or regulations made thereunder or directions issued or orders made by it under the Act;

(b) being the complaints of the consumers which are generic in nature;

(c) being the complaints alleging the practices adopted by the service providers adversely affecting the interest of the consumers.

CHAPTER VI

Manual For Consumers' Education and Prevention of their Grievances

(a) name and address of the service provider;

(b) terms and conditions of service offered by the service provider;

(c) Call Centre or helpline Number or customer care number or toll free number and name, designation, of the Nodal Officer and e-mail, contact telephone number, facsimile number and address of the Nodal Officer and the appellate authority;

(d) procedure for shifting and transfer of telephone, provision of accessories and customer premises equipment;

(e) information about service availability and coverage for cellular mobile telephone service;

(f) complaint redressal mechanism (including complaint redressal procedure and the time limits for the redressal of grievances by the Call Centre, Nodal Officer and filing and disposal of an appeal by the appellate authority);

(g) an Annexure relating to the Basic Service (wire line) to the Manual containing text of the Quality of Service Benchmarks, in particular the following benchmarks (including provisions relating to rebate as admissible to consumers) for Basic Service (Wire line) specified in clause (i) of regulation 4 of the Regulation on Quality of Service of Basic and Cellular Mobile Telephone Services, 2005 (11 of 2005), as amended from time to time, namely:-

(A) Benchmark against Sl. No. 1 relating to provision of a telephone after registration of demand;

(B) Benchmark against Sl. No. 3 relating to fault repair by next working day;

(C) Benchmark against Sl. No. 8 relating to shifts;

(D) Benchmark against Sl. No. 8 relating to closures;

(E) Benchmark against Sl. No. 10 relating to time taken for refund of deposits after closures;

(h) an Annexure relating to Basic (Wireless) and Cellular Mobile Telephone Service to the Manual containing text of the Quality of Service Benchmarks, in particular the following benchmarks (including provisions relating to rebate as admissible to consumers) for Basic Service (Wireless) and Cellular Mobile Telephone Service specified in clause (ii) of regulation 4 of the Regulation on Quality of Service of Basic and Cellular Mobile Telephone Services, 2005 (11 of 2005), as amended from time to time, namely:-

(A) Benchmark against Sl. No. C(ii) relating to percentage of billing complaints resolved within four weeks;

(B) Benchmark against Sl. No. C(iii) relating to period of all refunds/ payments due to customers from the date of resolution of complaints;

(i) an Annexure relating to Broadband Service to the Manual containing text of the Quality of Service Benchmarks, in particular the following benchmarks (including provisions relating to rebate as admissible to consumers) for Broadband Service specified in regulation 3 of the Quality of Service of Broadband Service Regulations, 2006 (11 of 2006), as amended from time to time, namely:-

(A) Benchmark against Sl. No. (i) relating to service provisioning/ activation time;

(B) Benchmark against Sl. No. (ii) relating to fault repair/ restoration time;

(C) Benchmark against Sl. No. (iii) relating to billing performance;

(D) Benchmark against Sl. No. (v)(b) relating to Broadband connection speed (download):

(j) right of consumer for termination or disconnection of the service;

(k) the amount to be deducted, whether as an administrative expenses or otherwise, from the total pre-paid value of service;

(l) provisions of these regulations, in particular relating to the rights of the consumers;

(m) the duties and obligations of the service provider under these regulations;

(n) any other information which may be adversely affecting the consumers.

CHAPTER VII

Miscellaneous

(a) inspect any Call Centre, Office of the Nodal Officer and the secretariat of the appellate authority and the records maintained under sub-regulation (1); or

(b) get the records maintained under sub-regulation (1) audited.

(a) during pendency of redressal of his grievance, whether by filing of complaint or appeal, under these regulations; or

(b) before or after filing of complaint or appeal, under these regulations, exercise his right conferred upon him under the Consumer Protection Act, 1986 (68 of 1986) or any other law for the time being in force and seek redressal of his grievance under that Act or law.

(a) any proceedings, before any Court or tribunal or under the Consumer Protection Act, 1986 (68 of 1986) or any other law for the time being in force, are pending; or

(b) a decree, award or an order has already been passed by any competent Court or tribunal or authority or forum or commission, as the case may be.

FORM

(See regulation 11)

Appeal under regulation 11 of the Telecome Consumers Protection and Redressal of Grievances Regulations, 2007 to the appellate authority appointed by....................

(mention name and address of service provider)

Form For Verification

..........................

Signature of appellant

(Name of appellant).........................

(Specify status of the appellant, whether a)

company/firm/society/individual/other..................

Schedule

(See regulation 5)

Service Parameters And Time Limit For Service Request Or Redressal Of Complaint Of Telecom Consumers By Call Centres