The Hindu Business Line : Telemarketing: Mobile operators face fine

New Delhi, March 17 The Telecom Regulatory Authority of India (TRAI) has decided to impose a fine on mobile operators in case subscribers listed on the National Do Not Call (NDNC) registry continue to get calls from telemarketers.

The move comes after subscribers complained that they were receiving unwanted calls from telemarketing companies despite having put their number of the NDNC registry.

Operators will have to pay up to Rs 5,000 for the first violation and Rs 20,000 for every subsequent call that the subscriber receives from a telemarketer.

TRAI has also imposed a Rs 500 fine on the telemarketing company for calling subscribers listed on the registry.

According to TRAI more than 8.3 million mobile subscribers have listed their number on the registry.

In June 2007, the regulator had issued a regulation to curb unwanted telemarketing calls but the absence of any punitive measure was making it ineffective.

“The Authority has received several complaints with regard to the harassment of the consumers even after the notification of the Telecom Unsolicited Commercial Communications Regulations, 2007 (4 of 2007). Hence, under the TRAI Act, 1997, the regulatory power includes all acts necessary to ensure quality of service and to protect consumer interest.

It has therefore been decided by the authority to make the service provider liable to pay an amount, by way of financial disincentive,” TRAI said.

Plaints trail

However, TRAI will rely on customer complaints to levy the fine. If a mobile subscriber who has registered with the NDNC receives a call from telemarketing companies, he will have to lodge a complaint with the mobile operator by calling customer service.

The operator will then forward the complaint to TRAI who will set up an inquiry committee to fix the fine.

Not fool-proof

Consumer groups while welcoming the step, however, said that the system was not fool- proof. “Since the operator will have to cough up the fine they can choose not to forward the consumer’s complaint to TRAI.

There has to be a way whereby the consumers can directly complain to TRAI or a system whereby the operator keeps the subscriber informed about the status of the complaint,” said a consumer group.

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