Lok Sabha Question No. 216 (STARRED), answered on 2018-08-01
Subject: Ombudsman for Telecom Sector
Ministry: COMMUNICATIONS
Asked by: PRATHAP SIMHA

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK  SABHA STARRED QUESTION NO. 216 TO BE ANSWERED ON 1 ST  AUGUST, 2018

## OMBUDSMAN FOR TELECOM SECTOR

- *216. SHRI PRATHAP SIMHA:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) whether there has been considerable delay in setting up of an Ombudsman to deal with consumer grievances in the telecom sector despite the recommendation of Telecom Regulatory  Authority  of  India  (TRAI),  if  so,  the  details  thereof  and  the  reaction  of  the Government thereto;
- (b) the  steps  taken/being  taken  by  the  Government  to  amend  the  Consumer Protection Act to include telecom consumer complaints and related financial claims under its ambit;
- (c) whether the existing grievance redressal mechanism for telecom sector is grossly inadequate, if so, the details thereof and the reasons therefor along with the steps taken by the Government in this regard;
- (d) whether  the  Telecom  Regulatory  Authority  of  India  Act,  1997  does  not  entail handling of individual consumer complaints by TRAI and all complaints received by it are forwarded  to  the  concerned  Telecom  Service  Providers  for  suitable  action,  if  so,  the details thereof and the reasons therefor; and
- (e) the  initiatives  taken/being  taken  by  the  Government  to  protect  the  interest  of telecom consumers?

## ANSWER

## THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA)

- (a) to (e) A statement is laid on the table of the House.

## STATEMENT TO BE LAID ON THE TABLE OF LOK SABHA IN RESPECT OF PARTS (a) TO (e) OF LOK SABHA STARRED QUESTION NO. *216 FOR 1 ST  AUGUST, 2018 ON 'OMBUDSMAN FOR TELECOM SECTOR'.

(a) No  madam.  Telecom  Regulatory  Authority  of  India  (TRAI),  based  on  inputs  / feedback  received  from  all  stake  holders,  has  submitted  its  recommendations  on 'Complaints / Grievances  Redressal in the Telecom Sector' dated 10 th  Mar-2017 to Department  of  Telecom  (DoT)  for  improving  of  Grievance  /  Complaints  Redressal Mechanism  with  respect  to  Telecom  consumers,  wherein  the  TRAI  recommended  for setting up of three tier structure/ mechanism for redressal of consumer grievances related to telecom sector including setting up an office of Ombudsman at apex level.

The  Telecom  Commission  has  approved  the  establishment  of  institution  of Ombudsman for redressal of complaints/ grievances in telecom sector under the aegis of TRAI.

(b) The Consumer Protection Bill, 2018 has been introduced in Parliament to replace the 32 year old Consumer Protection Act, 1986. The bill seeks to include 'Telecom' under definition  of  services  to  cover  telecom  consumer  complaints  under  the  Consumer Protection Act. In light of Hon'ble Supreme Court decision dated  01.09.2009, consumer courts do not entertain telecom related grievances at present.

(c) No  madam,  it  is  respectfully  submitted  that  it  may  not  be  apt  to  infer  that  the existing grievance handling mechanism in telecom sector is grossly inadequate.

TRAI  has  laid  down  the  framework  for  redressal  of  complaints  of  telecom  consumers through  'Telecom  Consumers  Complaints  Redressal  Regulations,  2012'  &  'Telecom Consumers Protection  Regulations,  2012'  as  amended  from  time  to  time.  The  current Regulation provides for a two tier Complaint redressal mechanism of Complaint Centre and Appellate Authority, to be run by all the Telecom Service Providers (TSPs). However, in order to further strengthen the telecom grievance handling mechanism and to make it more efficient and effective, TRAI has given its recommendations dated 10.03.2017, for establishing  Ombudsman in Telecom Sector.  The Telecom  Commission has approved the  establishment of  institution of Ombudsman for redressal of complaints/ grievances in telecom sector under the aegis of TRAI.

Telecom consumers, who are not satisfied with the grievance redressal mechanism of TSPs, can lodge their grievance to DoT for redressal of grievances, either online through Public Grievances portal of Government of India or offline through phone, fax, by post.

(d) The Telecom Regulatory Authority of India Act, 1997 does not mandate TRAI to handle individual consumer complaints. However, to facilitate consumers, all complaints received in TRAI are forwarded to the concerned Telecom Service Providers for suitable action.

(e) TRAI,  through  TRAI  Act,  has  been  entrusted  to  protect  the  interests  of  telecom consumers. TRAI has been continuously endeavoring to protect the interests of telecom consumers  and  has  been  making  necessary  interventions  in  the  form  of  appropriate regulations, directions, and orders with regard to different aspects of telecom services as and when required.

However,  in  case  a  grievance  is  not  redressed  even  after  exhausting  the  two  tier procedure as prescribed by TRAI, the complainant may approach Public Grievance wing of Department of Telecommunications (DoT), along with all documentary evidence(s) for non-redressal of grievance at concerned Service Provider level. Complainant may submit grievance in either of the following ways:

- (i) By  hand  (ii)  By  post  (iii)  Through  FAX  (iv)  Through  phone  OR  (v)  By  Web  Portal (CPGRAMS) URL: http://www.pgportal.gov.in

The complaints so registered in DoT are forwarded to the concerned service provider / subordinate organization(s) with an advice to take appropriate action in the matter and to inform the complainant regarding the action taken towards the redressal of grievance. All the  Complaints  received  in  DoT  are  monitored  in  a  transparent,  user  friendly  and structured  manner  by  DoT  staff  and  officers.  DoT  also  provides  an  option  to  the complainants to raise his/ her grievance through social media like twitter.

Apart from above DoT also took initiative to bring telecom consumers under the ambit of Consumer Protection Act, 2018.

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