Arun 795 Report post Posted January 16, 2007 Techtree.com January 16, 2007 Reportedly, the Delhi State Consumer Disputes Redressal Commission has imposed a hefty fine of Rs 50 lakhs to be paid jointly by Airtel and the Cellular Operators Association of India (COAI) for their failure to stop unnerving and unsolicited calls and SMSes by telemarketing and banking companies to mobile users. The State Consumer Commission, headed by Justice J D Kapoor, also imposed a joint penalty of Rs 25 lakhs on ICICI Bank and the American Express Bank for causing immense nuisance by making unsolicited communications such as SMSes and telemarketing calls at odd hours to cellular users. The order has been passed on a complaint filed by Delhi-based Nivedita Sharma against Airtel, ICICI, and American Express Bank alleging that she had been receiving unsolicited calls and SMSes on her mobile phone. Sharma had alleged that even after lodging a complaint with Airtel, she used to receive 15 to 20 such calls in a day that caused disturbance to her. The Commission, in its earlier interim order, has issued a general direction to all mobile service providers, telemarketing companies, and banks to ensure no mobile user was disturbed without consent. According to the Commission, it is very sad and disheartening that these communications create nuisance and disturbance to the day-to-day work of the consumers as these calls are made at odd hours, and when the person is in a business meeting or some other important work, or in emergency. It not only harasses but also unduly interferes with the right to privacy of a person, causing unnecessary financial loss to the subscriber when they attend to such calls even when they are on national or international roaming. In a statement, Justice Kapoor, said that these damages are being imposed because of 'care-a-fig for' attitude of cellular operators and telemarketers, and their having continued to indulge in making unsolicited commercial communications such as SMSes, telemarketing calls, etc at odd hours. And thereby causing immense nuisance in spite of the fact they were issued notice by the Supreme Court in a PIL (Public Interest Litigation) in 2003, and inspite of orders passed by this Commission from time to time for not indulging in such practices. Justice Kapoor added that these acts also pose a grave threat, and jeopardize the safety and security of the consumer by sharing his confidential information such as name, address, mobile number, financial standing with others. Justice Kapoor also took the Telecom Regulatory Authority of India (TRAI) to task for not starting a national 'do-not-call' registry despite being aware of consumers' problems in view of the above-mentioned PIL. Justice Kapoor hinted that it appears that the cellular service providers, financial institutions, banks, and other companies who sell their products through tele-marketing are in league with the TRAI, and that theirs is an 'unholy trinity'. Share this post Link to post Share on other sites
Nirvana 4 Report post Posted January 16, 2007 Does the customer get a share from the fine pie too ? If yes, I should be doing the same too then ! Share this post Link to post Share on other sites
Honest 836 Report post Posted January 16, 2007 This is a very good decision my dear friends. But the fine of Rs.50 Lakh is very less I think. They must be fined in Crores. Regards. Share this post Link to post Share on other sites
ani_meher 42 Report post Posted January 17, 2007 ya, 50 lakhs seems just a slap on the wrist. should have been much higher. hope some similar lawsuit is fined against icici/hdfc calling to advertise the credit cards on landlines. Share this post Link to post Share on other sites
linuxguy 0 Report post Posted January 17, 2007 good news! Share this post Link to post Share on other sites
Greens 21 Report post Posted January 18, 2007 But we have to wait and see the legal validity!!! Share this post Link to post Share on other sites
