THE GAZETTE OF INDIA: EXTRAORDINARY (PART
II-SEC.3(I)
MINISTRY OF COMMUNICATIONS AND INFORMATION
TECHNOLOGY(DEPARTMENT OF TELECOMMUNICATIONS)
NOTIFICATION
New Delhi, the 2nd April, 2003
G.S.R. 296(E).-In exercise of the powers conferred
by Sub-Section (1) read with clause (da) of
Sub-section (2) of Section 35 of the Telecom
Regulatory Authority of India, Act 1997 (24
of 1997), the central Government hereby makes
the following rules, namely:-
1. Short title and commencement - (1) These
rules may be called the Telecom Disputes Settlement
and Appellate Tribunal (Form, Verification and
the Fee for filing an appeal) rules, 2003.
(2) They shall come into force on the date of
their publication in the Official Gazette.
2. Definitions- (1) In these rules, unless context
otherwise requires,-
(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
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 14A 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 14A 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 in the
form of demand drafts in favour of Drawing and
Disbursing Officer, Telecom Disputes Settlement
and Appellate Tribunal and payable at the place
of the Bench of the Appellate Tribunal:
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 authorized 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 mislead, 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-rule (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
B
IN THE TELECOM DISPUTES SETTLEMENT AND APPELLATE
TRIBUNAL AT NEW DELHI
APPELLATE JURISDICTION
APPEAL NO. of …….. (year)
In the matter of:
A.B. (Name and Address of the licensor or licensee
Or service provider or a group of consumers)
… Appellant(s)
C.D. (add description and the official or
Residential address on which the service of
… Respondent(s)
Notices is to be effected on the respondent
or
Respondents. The details of each respondent
Are to be given in a chronological order).
1. Detail of appeal:
(Give the particulars of the direction, decision
or order of the Authority against which the
appeal is preferred)
2. Jurisdiction of the Appellate Tribunal:
The appellant declares that the subject matter
of the direction, decision or order against
which he wants Redressal is within the jurisdiction
of the Tribunal.
3. Limitation:
[The Appellant further declares that the appeal
is within the period specified in sub-section
(3) of Section 14A of the Telecom Regulatory
Authority of India Act, 1997 (24 of 1997.)]
4. Facts of the case:
The facts of the case are given below:
(Give here a concise statement of facts in a
chronological order, each paragraph containing
as nearly as possible a separate, issue, fact
or otherwise.).
5. Ground of relief with legal provisions:
6. Details of the remedies exhausted:
The appellant declares that he has availed all
the remedies available to him under the relevant
provisions of the Act and rule framed thereunder:
(Give here chronologically the details of representations
made and the outcome of such representations
with reference to the number of annexure to
be given in support thereof).
7. Matters not previously filed or pending with
any other court:
The appellant further declares that he had not
previously filed any writ petition or suit regarding
the matter in respect of which this appeal has
been made before any court or any other authority
nor any such writ petition or suit is pending
before any of them.
[In case the appellant previously had filed
any such writ petition or suit, the stage at
which it is pending and, if decided, the list
of the decisions should be given with reference
to the number of annexure to be given in support
thereof]
8. Relief sought:
In view of the facts mentioned in para 4 above,
the appellant prays for the following relief(s):
(Specify below the relief(s) sought explaining
the grounds for such relief(s) and the legal
provisions, if any, relied upon).
9. Interim order, if any, prayed for:
Pending final decision on the application, the
appellant seeks issue of the following interim
order:
(Given here the nature of the interim order
prayed for with reasons).
10. Details of Index:
(An Index containing the details of the documents
to be relied upon is enclosed).
11. Particulars of bank draft in favour of the
Drawing and Disbursing Officer, Telecom Disputes
Settlement and Appellate Tribunal in respect
of the fee for appeal.
12. List of enclosures:
1.
2.
3.
4.
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 authorized officer
