Telecom Regulatory Authority of India (TRAI), the telecom regulator, has ordered Idea Cellular to put down Rs 2.97 Crore for overcharging its users for calls to MTNL and BSNL networks.
The sum is to be put down in the TCEPF (Telecom Consumers Education and Protection Fund) since Idea might not be capable of making the refund to users in view of non accessibility of the rated call information records.
The matter dates back to May 2005 when the DoT (Department of Telecom) altered licenses to allow inter-service connectivity of area amongst telecom operators within 4 states, which included West Bengal, Maharashtra, Uttar Pradesh, and Tamil Nadu.
As per the alteration, calls inside each of these states were considered as local or intra-service area calls for the reason of levying of access deficit duty and call routing.
The regulator claimed that in spite of the alteration, various private GSM providers were levying higher costs for calls ending on network of state-run companies such as MTNL and BSNL compared to calls carried out on network of private companies inside the border of these states.
“The Authority hereby directs M/s Idea to deposit the amount of Rs 29,790,173 charged in excess from its subscribers during the period from May 2005 to January 2007, as computed by M/s Idea, in TCEPF and report compliance within 15 days of issue of this direction,” claimed the order signed by TRAI’s adviser ST Abbas, dated August 24, 2017.
In February 2006, TRAI aimed mobile service operators to different rates being charged by them on users.
It requested operators to give back surplus amount that they levied to their users.
The order was confronted by the COAI (Cellular Operators Association of India) and other telecom providers, while they carried on levying higher rates to users.
TDSAT, the telecom tribunal, dismissed appeal of COAI following which the industry organization shifted to the Supreme Court. The Supreme Court declined the appeal in 2015.
Idea Cellular claimed that the surplus amount can’t be given back to users since records of call data of that time are not obtainable with it.