In an attempt to check call drops, the Telecom Regulatory Authority of India has written to the government seeking amendments to the TRAI Act, allowing it to impose penalties on telecom operators for violations.

The regulator wants to impose a fine of up to ₹10 crore on operators and a jail term of up to two years on their executives for any violation of regulations.

“While consumer protection is mandated in the Preamble of the TRAI Act, in the absence of explicit provisions under the Act, courts have not favourably viewed efforts to protect the interest of consumers. Thus, there is a need to explicitly provide for such provisions under the TRAI Act,” the letter said. In case the violation continues, there should be provision of an additional fine that can be extended to ₹15 lakh a day till the time the default continues, it said.

Currently, TRAI can impose a fine of up to ₹2 lakh for a violation and in case the default continues, a penalty of ₹2 lakh can be imposed till the time of breach of rules.

At present, disputes between consumers and telecom operators are not taken up by consumer courts as a Supreme Court judgment of 2009 had barred consumers from seeking relief under the Consumer Protection Act, pointing out that a special remedy is provided under the Indian Telegraph Act.

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