The following types of cases cannot be settled by TDSAT: -

(i) the complaint of an individual consumer maintainable before a Consumer Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under section 9 of the Consumer Protection Act, 1986;

(ii) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to jurisdiction of the Monopolies and Restrictive Trade Commission established under sub-section (1) of section 5 of the Monopolies and Restrictive Trade Practices Act, 1969;

(iii) dispute between telegraph authority and any other person referred to in sub-section (I) of Section 7 B of the Indian Telegraph Act, 1885;

TDSAT can hear and dispose of appeal against any direction, decision or order of the TRAI.

(i) The Central Government or a State Government or a local authority or any person may take an application to the Appellate Tribunal for adjudication of any dispute referred between: -
(i) a licensor and a licensee,
(ii) two or more service providers,
(iii) a service provider and a group of consumers,

(ii) The Central Government or a State Government or a Local Authority or any person aggrieved by any direction, decision or order made by the TRAI may prefer an appeal to the Appellate Tribunal.

Yes. Appeals against the orders of the TDSAT can be filed before the Supreme Court of India.

Every appeal shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the TRAI is received by the Central Government or the State Government or the Local Authority or the aggrieved person. TDSAT may entertain any appeal after the expiry of thirty days if it is satisfied that there was sufficient cause for not filling it within that period.

The TDSAT consists of a Chairperson and not more than two Members to be appointed, by notification, by the Central Government.
The selection of Chairperson and Members of the TDSAT is made by the Central Government in consultation with the Chief Justice of India.

A person shall not be qualified for appointment as the Chairperson of the TDSAT unless he is or has been, a Judge of the Supreme Court or the Chief Justice of a High Court.

A person shall not be qualified for appointment as the Member of the TDSAT unless he has held the post of Secretary to the Government of India or any equivalent post in the Central Government or the State Government for a period of not less than two years or a person who is well versed in the field of technology, telecommunication, industry, commerce or administration.

The Chairperson and every other Member of the Appellate Tribunal shall hold office as such for a term not exceeding three years from the date on which he enters upon his office. Provided that no Chairperson or other Member shall hold office after he has attained: -
(i) in the case of Chairperson, the age of seventy years,
(ii) in the case of any other Member, the age of sixty five years.

There are two types of cases. One is "Petition" against any dispute. The other is "Appeal" against the direction or order of TRAI. Any further applications under these two types of cases are called "Miscellaneous Application No …. of ……..(year) in Petition/Appeal No……."

For standard proforma for the "Appeal" kindly click here.

The Petition or Appeal or Miscellaneous Application has to be supported by a duly sworn affidavit. If the Petition or Appeal is filed on behalf of a company it must be accompanied with a resolution of the Board of Directors authorizing a person to file such a Petition or Appeal. The order of TRAI under challenge in an "Appeal" and annexures must be legible and duly attested. Each Petition and Appeal has to accompany Index of Documents filed and duly paginated. If the Petition or Appeal is filed through an Advocate it has to accompany a duly signed Power of Attorney with Court Fee Stamps.

One copy each of the case has to be supplied to the opposite party(s). Plus four copies of the case for the TDSAT alongwith proof of having served the copy on the opposite party(s).

The fee for an Appeal is Rupees ten thousand where the opposite parties are less than four. In the case of four or more opposite parties the said fee shall be increased by Rs 50 (Rupees fifty only), per respondent exceeding three in number. The fees shall be deposited in the form of demand drafts drawn in favour of "Drawing and Disbursing Officer, Telecom Disputes Settlement and Appellate Tribunal" and payable at New Delhi. However, the Chairperson of the Appellate Tribunal may at his discretion, either reduce or waive fee payable for filing of appeal.

The Chairperson and members hear the case. After hearing the Petitioner or the Appellant the Petition or the Appeal may be disposed off at the first hearing or the opposite party (s) may be directed to file their reply, if any, within the time granted. On completion of pleadings, the case may finally be heard and disposed off.

No other Civil Court or High Court has jurisdiction to entertain any case in respect of any matter which the TDSAT is empowered with under the Act.