The Telecom Regulatory Authority of India (TRAI) has recommended to the government that an Office of Telecom Ombudsman needs to be established to address grievances of telecom consumers and to have a new funding mechanism for it.

“There is a need for an independent and appropriately empowered structure to be created for resolution of grievances of telecom consumers,” the regulator said in its latest recommendations on ‘Complaints/ Grievance Redressal in the Telecom Sector’.

TRAI said a portion of the existing, not in addition, licence fee, is recommended as the funding mechanism for the CGRF and Ombudsman. And, “in addition to this fixed fee, there will be a variable component payable by each telecom service provider (TSP) depending on the volume of complaints being filed against it and admitted before the ombudsman’s office,” it said.

A three-stage grievance redress mechanism for telecom sector is proposed that includes — resolution by TSPs, resolution by Consumer Grievance Redressal Forum (CGRF) — and determination by Telecom Ombudsman, TRAI said.

Similar to insurance The ombudsman can be established under rules framed by the Centre, similar to the institution of the insurance ombudsman under the Redress of Public Grievances Rules, 1998 (RPG Rules).

“The government may, by notification, make rules for carrying out the purposes of this Act. Alternatively, the government can choose to create the ombudsman office through a legislation to be passed by Parliament,” the sector regulator said.

The recommendations made by the authority on the structure, process and funding, of the ombudsman’s office apply equally irrespective of whether the government chooses to establish this agency through rules or by proposing a legislation on this subject, it said. TRAI had released a consultation paper on ‘Complaints/ Grievance Redressal in the Telecom Sector” on July, 28, 2016 keeping in view of the major changes that has taken place in the Indian telecom sector in the recent past.

According to the recommendations, the consumer should in the first instance approach the complaint centre of the TSP to seek a solution. It will be the duty of the TSP to look into the request and address the consumer’s concerns within the time frames stipulated by the Authority.

“In case, the TSP fails to resolve the complaint in a manner that is satisfactory to the consumer; or does not provide a response; or fails to do so within the prescribed time lines laid down by TRAI, the customer will have the option to seek further redress through an independent mechanism,” it said.

TRAI said this would consist of a process of a resolution based on fact finding by CGRF, followed by, if necessitated, determination by the telecom ombudsman.

The ombudsman should also be technology-driven solution that can provide redress remotely to consumers using their phones and Internet, TRAI said.

Tech-driven solution TSPs will be required to maintain video calling facilities at their local offices, which can be used by the consumer to interact with the CGRF or ombudsman’s office, in case it is required.

“The centralised web-based system will allow flow of information from each level of the grievance redressal mechanism to the ombudsman, thereby obviating the need for the same information to be provided again at various stages,” it added.

As per the current trends, on an average around 10 million complaints are lodged with the TSPs each quarter and currently complaints are characterised by high volumes, low-value and from users in diverse geographic locations.

Therefore, such regulations (ombudsman) were required to address to consumers in a speedy manner.

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