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TRAI Bans "Auto Starting" of Value Added Services: Brings Relief To Customers

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Real Time News - Asia

Monday, 07/04/2011

In a huge relief to ordinary mobile customers suffering from unwanted "value added services," the Telecom Regulatory Authority of India (TRAI) has made a written request from the consumer mandatory for the starting of value added services.

Value added services (VAS) are those which are in addition to the normal SMS and voice calling facility.

Many consumers have been complaining to the TRAI as well as to the Government that operators simply start off such services without asking them. In some cases, such services are also started off by operators by "tricking" the consumer by urging them to press any key etc..

The move by the TRAI to make a written request from the consumer a must for the starting of any such service is likely to impact the revenue of many operators as well as several VAS companies.

It has come after repeated and futile attempts to bring the operators to good behaviour over the last 3 to 4 years. TRAI had, in the past, tried many directions and guidelines to try to convince operators not to indulge in such-anti consumer behaviour, but had been unsuccessful.

In India, VAS typically includes services such as news-headlines, GPRS, ring-back and caller tunes, astrological advice etc.. and are usually charged at around Rs 30-50 per month.

Many consumers are 'trapped' into such schemes after they press the wrong key when an automated call asking whether such a services should be started or not arrives on their cellphone. Many consumers are simply too confused or illiterate or impatient to hear what the recorded message is saying and end up pushing a button than starts the service.

Once started, such VAS facilities are notoriously difficult to get rid of. Endless calls and SMSes to the operators customer service often fails to put a stop to such "value adds." The issue is particularly serious in rural areas where a single deduction of Rs 50 may account for nearly half of that customer's calling budget for the month.

Officially, all operators deny that they start off such "value adds" without asking the customer's permission or by tricking them.

"the service provider shall obtain confirmation from the consumer through consumer originated SMS or e-mail or FAX or in writing within twenty four hours of activation of the value added service and charge the consumer only if the confirmation is received from him for such value added service and shall discontinue such value added service if no confirmation is received from the consumer," TRAI says in its new guidelines.

TRAI also noted that such "value added" services do not leave the customer even when the customer tries to get rid of it by not recharging his or her account. In such cases, TRAI points out, the value added services keep on coming and the mobile operator keeps on deducting money from the customer, resulting in a negative balance.

When the customer recharges the next time, the arrears caused by the value added services are deducted immediately.

"If there is insufficient balance in the account of a consumer at the time of renewal of subscription to a value added service, the service provider shall send a request, through SMS, to the consumer to indicate his consent for continuing such service by sending an SMS as “Yes” or “No” to a toll free number and if, in response to such request, the consumer indicates his explicit consent by conveying “Yes”, such value added service shall be renewed and such consumer shall be informed by the service provider through SMS that the charges for renewal of subscription of value added service shall be deducted from subsequent recharge," TRAI noted.

In a separate move, the regulator suggest making 'itemized' billing facility available to all pre-paid customers and introducing a new colour coded system of recharge coupons.

TRAI Press Releases for this directive:

http://www.trai.gov.in/Press_Release_direction_VAS.pdf

http://www.trai.gov.in/WriteReadData/trai/upload/Directives/147/direction_VAS_fina4-7-2011.pdf

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TRAI calls for comments on draft regulations of Consumer Protection

Tuesday, July 05, 2011 - CIOL

Telecom Regulatory Authority of India aims to protect the interest of telecom consumers, therefore it has released two draft regulations on 'Telecom Consumers Protection Regulation, 2011' and 'The Telecom Consumers Complaint Redressal Regulations, 2011'; in which it has prescribed measures for protecting the interest of telecom consumers and improvised framework for redressal of complaints of Telecom consumers. TRAI has sought suggestions and comments from all stakeholders by July 25th, 2011.

The features of 'Telecom Consumers Protection Regulations, 2011' comprise:

* In order to ensure transparency in offer of tariff, operators should only offer three categories of vouchers viz Plan Voucher, Top Up Voucher and Special Tariff Voucher. Plan Voucher helps in selection of plan. The Top up Voucher would be used to add talk time in consumer account and its validity will be co-terminous with that of the plan. The Special Tariff Voucher could be used to provide special tariff options.

* Every service provider shall ensure that the information printed on the paper vouchers meant for the pre-paid subscribers including Top Up Vouchers, Special Tariff Vouchers and Plan Vouchers, shall be legible and printed in font size of not less than 8 (eight) points.

* All service providers have been mandated to provide information to consumers at the end of recharge through 'Plan Voucher' the details of the plan through SMS.

* On request, all service providers have been mandated to provide, within fifteen days, information relating to the itemised usage charges for pre-paid consumers limited to preceding six months.

* Service providers providing premium rate service shall have to ensure that all the terms and conditions of such service are conveyed to the consumer opting for such service. Service providers ought to convey information after every call – duration of call, charges deducted, minutes of usage deducted and balance minutes of usage available. They have to give details even after every SMS sent about the number of SMSs, charges deducted and balance in the account.

* SPs have to provide information to consumers about VAS – about activation, amount deducted, purpose of deduction and validity of the service.

'The Telecom Consumers Complaint Redressal Regulations, 2011' draft's measures include:

* The customers can lodge their complaints on a toll free 'Customer Care Number'.

* All service providers have been mandated to provide details of docket number, date and time of registration of the complaint and the tentative time limit for resolution of the complaint to consumer at the time of booking as well as through SMS.

* All service providers have been mandated to establish web Based Complaint Monitoring System for enabling the customers to monitor the status of their complaints.

* The consumers, who are not satisfied with the redressal of the complaint, can approach the Appellate Authority through e-mail or facsimile or post or in person and the appellate authority shall decide on every appeal within one month.

* Every Service provider has been mandated to constitute an Appellate Authority which would be a three-member body, of which one member will be a retired District Judge or a retired officer of the Central or State Government of the rank not below Joint Secretary to the Govt. of India, one member will be from the consumer organisations registered with TRAI and one member will be nominated by the service provider.

* The appellate authority will meet at least once in a month to decide the appeals. The decision of the appellate body will be binding on the service provider.

* Every Service provider shall publish a “Manual of Practice for handling consumer complaints” containing following information relating to Basic Telephone Service, Cellular Mobile Telephone Service and Broadband Service.

* The provisions of these regulations shall be in addition to, and not in derogation of, any other law for the time being in force.

TRAI Press Release:

http://www.trai.gov.in/WriteReadData/trai/upload/Regulations/105/Regulations_legal_vetted_dated3-7-2011.pdf

http://www.trai.gov.in/WriteReadData/trai/upload/Regulations/106/Protection_Regulation3-07_Final.pdf

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All I can say 'Thank God at last'. Long overdue. I hope they do not find a workaround.

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they can find it. now they will call and say subscriber that he need to sign a document for denying a service, instead will get sign on for activating the service. they are really good at it.

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atlast something is heard and hopefully things do work out the way it is suppose to be.Though these companies are smart enough to make us run this time instead as with phisical application so lets see hows the final outcome of this.

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Some good news to cheer about.. TRAI has become suddenly Pro Consumer recently.. Now let's wait to see what further "innovation" telcos bring about to circumvent this guidelines in "practical" life as this open loot for VAS is a very critical component of their revenue..

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Though long overdue, it is a welcome move from TRAI :dance:

They should also take necessary actions to ensure the smooth/easy deactivation of VAS like MobiTV.

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:rofl_200:

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Very nice... I am even MORE EAGER to see the counter steps by cartel + RCom to continue looting the customers....

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very good step taken by trai,

देर आये दुरुस्त आये .

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:clap:

Thats really great news for the subscribers.

Airtel subscribers will be more then happy after reading this. :winko:

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now how will the lethargic guys working at Webworlds fulfill their targets?

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Hope it will be implemented strictly...... even after the DND come into telecom industry we were hoping the same...

lets just wait and watch

Edited by anshu_s09

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:previous:

The cartel and others will someway or the other delay or defer the implementation....:NOTriste:

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good move, now let us see the implementation

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