The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has disposed of VK Digital’s plea as withdrawn against the show cause notice issued by the Telecom Regulatory Authority of India (TRAI) on 27th December 2019.
The tribunal heard the counsel for both the parties who had appeared on advance notice. VK Digital’s counsel submitted that it had asked TRAI for the supply of the complaint relating to Zee channels so that it could respond to the query.
It further submitted, that without supplying the copy of the complaint, a show-cause notice was issued on 27th December 2019 giving it 15 days to respond to certain allegations based on the very complaint whose copy the cable operator had sought.
It referred to the order passed by the tribunal in another case involving distributor Kal Cables whereby the case was dismissed as withdrawn with certain directions in the petition. It submitted that a similar order would satisfy the ends of justice in this case as well.
TRAI didn’t raise any serious objection to the disposal of the appeal in terms of the earlier order involving Kal Cables. It, however, pointed out that the distributor had placed wrong reliance upon clause 29 of the Quality of Service Regulations 2017.
Disposing of the appeal as withdrawn, TDSAT Chairperson Mr. Justice Shiva Kirti Singh noted, “In the facts of the case, it is deemed just and proper to dispose of this appeal in same terms as contained in the order dated 8.1.2020 passed in Broadcasting Appeal No. 1 of 2020( Kal Cables Pvt. Ltd. VS TRAI). The appeal is disposed of as withdrawn with the same directions.”
