TDSAT rejects RCom's plea against BSNL

Telecom tribunal TDSAT has dismissed Anil Ambani-led Reliance Communication’s plea challenging the penalty and disconnection notices issued by the state-run BSNL for wrong routing of international calls in Karnataka circle in 2003.

The Telecom Disputes Settlement & Appellate Tribunal (TDSAT) bench headed by its chairman, Justice S B Sinha, said RCom’s plea was barred by limitation, there was no need to look into the merit of the case.

The bench said the impugned bill raised in 2005 was related to calls made in 2003. However, RCom approached TDSAT only in 2010, hence it was not entitled to challenge it. “In view of the fact that this petition is barred by limitation, it is not necessary for us to enter into the merit of the matter. This petition is, therefore, dismissed,” the bench said.

In 2005, BSNL had slapped RCom with two bills of Rs 1.5 crore and Rs 4.2 crore for tampering with caller line identification and showing international calls as local ones. It also issued a disconnection notice to the company in March 27, 2007.

According to the rules, the state-run telco had imposed highest slab of international calls for such unauthorised calls, which was challenged by RCom before TDSAT. The tribunal observed that the company was not pursuing its case in a bona fide manner by not providing call data records of its point of interconnections (PoI) despite several earlier orders.

“It cannot, therefore, be said that the petitioner was pursuing its remedy bona fide,” the tribunal said.