HC refuses firm relief in plea against curbs on unsolicited messages

The Delhi High Court on Monday refused IndiaMART, a B2B company, protection against a regulator that is curbing unsolicited text messages and will hear its petition on April 30.

The court sent notices to the Telecom Regulatory Authority of India (TRAI) and the telecom department on IndiaMART’s petition challenging the validity of government regulations on unsolicited commercial communication.

The regulations came into effect last Monday but their implementation was deferred for a week by the telecom sector regulator to allow companies to adhere to new norms. The regulations are meant to protect customers from fraud and phishing and a framework put in place to block messages from unregistered entities.

IndiaMART InterMESH Limited, which runs online B2B directory, moved the court earlier this month, claiming deficiencies in the regulation. It has requested the court to set aside the specific clause which gives telecom companies the power to resolve complaints made by customers and to take remedial action against the sender of unsolicited commercial communication.  The petition also states that the regulations has failed to distinguish between commercial and ordinary users and violates the rights of those seeking to make commercial communication with commercial users.

“The respondent (TRAI) by delegating adjudicating powers to the access providers and by not making reasonable classification and not acting on petitioner’s representation is acting arbitrarily and abusing its power and the court must not allow the same,” IndiaMART said in its petition.