E-mail services provided by the likes of Google and Yahoo could come under the revised Consumer Protection Act which will allow users to file a complaint in consumer courts if there is a deficiency.

At present, the Act does not specify the norms for consumers using Internet services that are provided from international locations. If the Department of Telecom has its way, then the new provisions will be included in the Act to emphasise national jurisdiction over foreign players.

The DoT has sent its proposal to this effect to the Department of Consumer Affairs which has floated a draft Cabinet note to amend the Consumer Protection Act 1986.

“Issues of national jurisdiction would arise in case of certain electronic services that are carried across the borders of the country. The Bill needs to legally appreciate and make sufficient provision for protection of national jurisdiction in telecom and internet services,” an internal DoT note seen by BusinessLine said. “If there is a deficiency in e-mail services offered by multinational internet companies, it may become difficult to take action if lack of jurisdiction is invoked as mail servers may be located abroad,” it added.

Although most e-mails are free, there have been a number of instances where passwords of hundreds of users have been hacked and put up on the Web. Privacy is another major issue. E-mails are stored at multiple locations including the internet service provider’s server, and on the receiver’s computer.

The DoT has also agreed to shift powers of dealing with consumer grievance from the TRAI to Consumer Courts. “TRAI does not have the wherewithal to resolve individual grievances effectively and efficiently. Telecom consumers may find it more convenient to approach Consumer Court,” the note added.

However, the DoT said disputes between groups of consumers and telecom companies should continue to be under the jurisdiction of the TRAI and the Telecom Disputes Settlement and Appellate Tribunal.

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