In a significant ruling, the Supreme Court yesterday refused to intervene in the dispute over TRAI’s telecommunication tariff orders, directing the Indian Broadcasting and Digital Foundation (IBDF) to approach the Telecom Disputes Settlement Appellate Tribunal (TDSAT) instead. The apex court upheld the Kerala High Court’s earlier decision, which emphasized TDSAT as the appropriate forum for resolving such disputes.
The IBDF had contested provisions within TRAI’s Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the Eighth Tariff Order, 2017. The Kerala High Court declined to hear the plea, urging the foundation to seek redressal through TDSAT.
Referring to a 2014 Supreme Court judgment in the BSNL vs. TRAI case, the IBDF argued that it restricted TDSAT’s jurisdiction in reviewing TRAI regulations, creating ambiguity. However, the Supreme Court clarified that TDSAT could review tariff-related disputes and allowed stakeholders to later seek statutory remedies if necessary under Section 18 of the TRAI Act.
A bench comprising Justices P S Narasimha and Sandeep Mehta dismissed the plea, stating, “Tariff orders can be challenged before TDSAT under the regulations.” The court maintained that regulatory challenges could later be brought before the Supreme Court via a statutory appeal.
The bench acknowledged the concerns of stakeholders regarding jurisdictional limitations stemming from the BSNL (2014) ruling. It stated, “There is some problem occurring for stakeholders, but it can be addressed either by the legislature or by a Constitution bench in light of the BSNL decision.”
The Supreme Court’s ruling reinforces TDSAT’s role as the primary adjudicatory body for tariff-related disputes in the broadcasting and telecommunication sectors. The decision ensures a structured dispute resolution mechanism, urging stakeholders to follow procedural norms.
Credit: This article is based on information from ANI and PTI reports.
Key Highlights:
- The Supreme Court upheld the Kerala High Court’s verdict, directing IBDF to approach TDSAT for disputes over TRAI’s 2017 tariff orders.
- The court clarified TDSAT’s authority to handle tariff disputes, while statutory appeals can later reach the Supreme Court.
- The ruling addresses concerns over jurisdictional ambiguity from the BSNL (2014) judgment.