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April 26 2023Procedure for filing Petition before TDSAT (TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL) by Adv. Alok Kumar
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL(TDSAT) Background: In order to bring in functional clarity and strengthen the regulatory framework and the disputes settlement mechanism in the telecommunication sector, the TRAI Act of 1997 was amended in the year 2000 and TDSAT was set up to adjudicate disputes and dispose of appeals with a view to protect the interests of service providers and consumers of the telecom sector and to promote and ensure orderly growth of the telecom sector. In January 2004, the Government included broadcasting and cable services also within the purview of TRAI Act. After coming into force of the relevant provisions of the Finance Act 2017, the jurisdiction of TDSAT stands extended to matters that lay before the Cyber Appellate Tribunal and also the Airport Economic Regulatory Authority Appellate Tribunal. Procedure for filing Petition / Appeal / Miscellaneous Application and other Pleadings before TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL (TDSAT): 1. Court Fee: An advocate representing a party in a case shall file a duly executed Vakalatnama bearing court stamp of Rs.2.75. 2. File Copies: Parties / Counsels will be required to file one original and four copies of the Petition / Appeal / Miscellaneous Application and all other Pleadings. 3. Typed Copy: Wherever any page of a document is not legible, a typed copy shall be annexed. 4. Verification: The contents of the Petition / Appeal / Miscellaneous Application / Counter Affidavit etc. shall be supported by a verification regarding their correctness by the Petitioner / Appellant / Applicant or Respondent or the person authorized to sign Petition / Appeal / Miscellaneous Application / Counter Affidavit etc. 5. Proof Of Service: Before filing any Petition / Appeal / Miscellaneous Application / other Pleadings before the Tribunal, a copy of the same shall be served on the opposite parties and proof of service necessarily be enclosed. 6. Pagination: Pagination of the cases filed before the Tribunal shall be in continuous manner beginning from the Petition / Appeal along with Annexure. Counter Affidavit, Rejoinder and other Miscellaneous Applications etc. filed from time to time shall follow ad seriatim. The Petition / Appeal, Counter Affidavit, Rejoinder etc. shall be retained in the same volume. However, if the number of pages of the documents on an average exceeds 200, a separate volume numbered as “Volume-II” and so on shall be prepared. The index page of Volume-I shall be formatted in a manner that leaves enough space for additional entries to be made in regard to the documents submitted subsequently. 7. Computation Of Fees: Petition / Appeal / Miscellaneous Application shall accompany the required fees in the form of a Demand Draft, in favour of the Drawing and Disbursing Officer, Telecom Disputes Settlement and Appellate Tribunal. The fees for filing an Appeal shall be as provided in the Telecom Disputes Settlement and Appellate Tribunal (Form, Verification and the Fees for Filing an Appeal) Rules, 2003. The fees for filing a Miscellaneous Application shall be Rs.1,000/-. The amount of fees payable on Petitions, next hereinafter mentioned, filed before the Telecom Disputes Settlement and Appellate Tribunal shall be Rs.5000/-. (i) Petition seeking declaratory relief with consequential relief. (ii) Petition seeking directions, injunction and permanent injunction. (iii) Petition seeking enforcement of Regulations framed by Telecom Regulatory Authority of India under the Telecom Regulatory Authority of India Act, 1997 (as amended). Any other Petition not covered above shall also be accompanied with fees of Rs.5000/-. Provided that the fees for filing Petitions / Claims / Suits in the nature of recovery of money or an outstanding amount, before Telecom Disputes Settlement and Appellate Tribunal shall be computed as follows: (i) in Petitions / Claims / Suits for money (including those for damages or compensation or total outstanding) due on the date of filing of Petitions / Claims / Suits and (ii) in Petitions / Claims / Suits for money payable periodically under the terms of the agreement between the parties:- (a) Rs.5,000/- or an ad valorem rate of 1.5% of the total amount / sum total of all periodical amounts claimed, including interest, if any, where the sum total of all amounts claimed, including interest, is upto Rs.2.0 Crore, whichever is more; (b) an ad valorem rate of 1%, over and above the fees computed at (a) above, of the total amount / sum total of all periodical amounts claimed, including interest, if any, where the sum total of all amounts claimed, including interest, is more than Rs.2.0 Crore but upto Rs.5.0 Crore. (c) an ad valorem rate of 0.5%, over and above the fees computed at (b) above, of the total amount / sum total of all periodical amounts claimed, including interest, if any, where the sum total of all amounts claimed, including interest, is more than Rs.5.0 Crore, subject to a maximum fees of Rs.50.0 Lakhs. 8. Exemption from payment of fees: The Bench of the Telecom Disputes Settlement and Appellate Tribunal, either on an application made by the party filing a Petition / Claim / Suit / Miscellaneous Application or suo moto, may exempt the party, in deserving cases, from payment of fees required under the Procedures-4 (ix), 4 (ix) (A) and proviso to Procedure-4 (ix) (A) of the Telecom Disputes Settlement and Appellate Tribunal Procedures, 2005. 9. Refund of fees: Where the dispute between the parties in the Petition / Claim /Suit, filed before the Telecom Disputes Settlement and Appellate Tribunal, is settled without adjudication by the Telecom Disputes Settlement and Appellate Tribunal, the Bench of the Telecom Disputes Settlement and Appellate Tribunal may, on an application moved in this regard, order refund of such fees, paid by the party to the Telecom Disputes Settlement and Appellate Tribunal under the proviso to Procedure-4 (ix) (A), as it feels appropriate to the facts and circumstances of such Petition / Claim / Suit. 10. Mode of payment(ONLY): The mode of payment of Court fee, penalty, etc., shall be by way of e-payment through the website of Telecom Disputes Settlement and Appellate Tribunal i.e. www.tdsat.gov.in. 11. Interim Prayers: Interim prayers, if any, shall form part of the Petition / Appeal and no separate application in this regard may be filed. 12. Additional Affidavits: No fees shall be payable on filing of Affidavits including additional Affidavits. 13. No Fee: No fee shall be charged for filing an application for `Condonation of delay’ or `Urgent hearing’. 14. Timings for filing the documents in the Registry shall be from 10:00 a.m. to 04:00 p.m. on all working days. No documents shall be accepted by the Registry beyond these timings. 15. Filed before 12 Noon: All documents / pleadings in a case shall be filed before 12:00 noon where the case is listed on the next working day. 16. Order Copy: The Registry shall deliver copies of order or any other document only to the Advocates / Law Firms or their Authorized Representatives or persons who are parties to the proceedings. 17. Authorized Representatives: Where the parties to a Petition / Appeal are being represented in such Petition / Appeal by authorized representatives, the documents authorizing such representatives to appear on their behalf shall be appended to the Petition / Appeal if they are signed by the authorized representatives and the said documents shall indicate clearly the status of the authorized representatives and their qualifications to act as authorized representatives under the Act. Provided that where the authorized representative is a legal practitioner, such document of authorization shall be a duly executed vakalatnama. 18. Listing Of Case: On receipt of a Petition / Appeal / Misc. Application in the Registry, scrutiny of the same will be done. Objections, if any, shall be communicated to the concerned parties / counsel. If a case is found in order, the same shall be listed on any suitable working day after at least one week of filing. 19. Mentioning Of Case: Mentioning of a case / matter may be made by the party / counsel at the start of proceedings of the Bench at 10:30 a.m. on any working day. 20. Ex-Parte: Where on the day fixed for hearing of the Petition / Appeal / Misc. Application or on any other day to which the hearing is adjourned the Petitioner / Appellant / Applicant appears and the respondent does not appear when the Petition / Appeal / Misc. Application is called on for hearing, the Tribunal may hear and decide the Petition / Appeal / Misc. Application ex-parte. 21. Abated: Where in any proceedings the Petitioner / Appellant or a Respondent dies or is adjudicated as an insolvent or in the case of a company is being wound up, the Petition / Appeal shall abate, unless an application is made for continuance of such proceedings. Provided that every such application shall be made within a period of 60 days of the occurrence of the event. 22. Open To Public: The proceedings before the Tribunal shall be open to the public, provided that the Tribunal may, if it thinks fit, order at any stage of the proceedings of any particular case that the public generally or any particular person shall not have access to, or be or remain in, the room or building used by the Tribunal. 23. Change Of Authorized Representative: In case Petitioner / Appellant / Respondent changes the person authorized to represent him after the filing of the Petition / Appeal then the fact of such a change may be indicated by way of memorandum addressed to the Tribunal or an endorsement or Vakalatnama or document of authorization and upon such communication or endorsement the Bench may not insist on filing of a no objection certificate from the previous authorized representative except where in the opinion of the Bench it was called for in a given case. 24. Copies Of Orders: (i) The Registry will supply copies of certified and uncertified orders of the Tribunal on demand and on payment of a fee of Rs.3/- per page and Rs.2/- per page respectively. (ii) Copies of pleadings in a decided case would be supplied, on demand, after payment of Rs.2/- per page. 25. Inspection Of Records: For inspection of any case file / document the concerned party / counsel shall be required to make an application to the Registry. No inspection of the file / document shall be allowed on a day when the case has been listed on the next working day. 26. Tribunal Timing: The Tribunal shall ordinarily sit at 10:30 a.m. Note: These Procedures will apply to all mediations connected with any Petition or other proceeding pending before the Telecom Disputes Settlement and Appellate Tribunal (referred to hereafter as TDSAT or Tribunal). These will also apply to pre-litigation matters that come up for mediation before the Mediation Centre of the Tribunal. This article written by Adv. ALOK KUMAR practicing in Delhi High Court, is intended to provide general legal knowledge. The material on our article is given for general information only and does not constitute professional advice. Where appropriate, users should seek their own legal or other professional advice. In case any Suggestion or complaint contact us advocatealok21@gmail.com and WhatsApp: 9953184869.
Author
Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District CourtsLL.B.▪︎Faculty of Law▪︎Delhi University
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