Two surveys indicates 90% of the subscribers stating that the telecom companies are activating Value Added Services (VAS) without seeking their consent. Surprisingly the problems become further exaggerated when the telecom companies are allowed to put such VAS on Auto Renewal on the unscientific presumption that most of the consumers are interested in such auto renewals. On the contrary to TRAI belief , another survey indicated that more than 80% subscribers are not interested in auto renewal of value added services.
I tried to find out the reason as to why Telecom Regulatory Authority of India is not interested or rather avoids to address the issues of VAS. First application was submitted to TRAI on 11/04/2012. Finding no response, the matter was referred to Central Information Commission (CIC). The gist of the same is reproduced below quoting out of CIC order No. CIC/BS/A/2012/001230 dtd. 17/07/2013.
Q. Whether the telecom companies are allowed for auto renewal of value added service and special tariff package on expiry of the originally subscribed period without explicit consent of the subscribers.
TRAI response: There are no regulatory guidelines issued from TRAI for disallowing auto-renewal facilities for value added services and special tariff vouchers.
CIC Order: I fully agree with the appellant ( appellant stated that TRAI be advised to issue definitive guidelines for ethical business practices). TRAI must evolve clear and categorical guidelines in this matter in next three months.
Finding no compliance to CIC order, another application was submitted on 02/06/2014 to CPIO, TRAI which is reproduced below:
Q. Whether the telecom companies are allowed for auto renewal of value added service and special tariff package on expiry of the originally subscribed period without explicit consent of the subscribers.
TRAI response: There are no regulatory guidelines issued from TRAI for disallowing auto-renewal facilities for value added services and special tariff vouchers.
CIC Order: I fully agree with the appellant ( appellant stated that TRAI be advised to issue definitive guidelines for ethical business practices). TRAI must evolve clear and categorical guidelines in this matter in next three months.
Finding no compliance to CIC order, another application was submitted on 02/06/2014 to CPIO, TRAI which is reproduced below:
Sub: Seeking information
under RTI Act 2005 in respect of Auto Renewal of Value Added Services and
Special Tariff Package after expiry of originally subscribed period without
consent of the subscribers.
Dear Sir,
1. Hon’ble Central
Information Commission vide order no. CIC/BS/A/2012/001230
dated 17.07.2013 noted the statement of CPIO, TRAI that Telecom Regulatory
Authority of India had not framed any regulatory guidelines for Auto Renewal
once the originally subscribed period for Value Added Services and Special
Tariff Vouchers is expired. The Hon’ble Commission during the hearing on
17.07.2013 concurred with the Statement of the appellant that Auto Renewal of
Value Added Services and Special Tariff Packages is an unethical business
practice. The appellant contended that TRAI be advised to issue definitive
guidelines for the same for ethical business practices.
Accordingly, Hon’ble
Commission ordered “TRAI must evolve clear and categorical guidelines in this
matter in next 3 months’ time”. A copy of the order of Hon’ble Commission is
attached for ready reference.
On the subject as mentioned
above, please supply me the following information under RTI Act 2005:-
1. Whether TRAI has
framed any guidelines/regulations subsequent to CIC Order on Auto Renewal of
Value Added Service and Special Tariff Packages.
2.
Please provide me the information whether the
telecom companies have been mandated to seek explicit consent before
automatically renewing the VAS and special tariff packages after the originally
subscribed period for such services is expired.
3.
Please provide me the information as to whether this
consent for auto renewal has to be in explicit manner as per respective
regulations/guidelines.
4.
Please provide me a copy of the
guidelines/regulations so framed or provide me the link of the URL where such
guidelines/regulations are posted.
5. Please provide me
copy of the approval of the competent authority for framing
guidelines/regulations on the above for seeking explicit consent of the
subscriber before auto renewing the same after original subscribed period is
over or otherwise."
CPIO, TRAI responded vide their No. 1(39)/2014-RTI dtd. 15/07/2014. The same is reroduced below:
"
विषय:- सूचना का अधिकार, 2005 के उपबंधों के अधीन सूचना प्रदान कनरे के लिए अनुरोध |
महोदय,
कृपया वरिष्ठ अधीक्षक,
डाक विभाग, नई दिल्ली, सेंट्रल डिविजन के दिनांक 12/06/2014 के पत्र सांख्या
आरटीआई/एनडीसीडी/4
एपीपी फॉर/14-15 का संदर्भ ग्रहण करें, जिसमें सूचना का अधिकार अधिनियम 2005 के उपबंधों
के अंतर्गत सूचना प्रदान करने के लिए आपके दिनांक 02/06/2014 के आवेदन पत्र को अंतरित
किया गया है |
2.
संदर्भित आवेदन पत्र के तहत मांगी सूचना परिशिष्ट-क
के रूप मे सूचनार्थ संलग्न है |
3.
सूचना का अधिकार अधिनियम, 2005 की धारा 19(1) के तहत "श्री सुरेश कुमार गुप्ता, प्रधान सलाहकार (सीए एण्ड क्यूओएस)",
भारतीय दूरसंचार विनियामक प्राधिकरण, महानगर दूरसंचार भवन, जवाहरलाल नेहरू मार्ग, (पुराना मिंटो रोड), नई दिल्ली-110002 दूरभाष: 23216930, फॅक्स : 23235270” भा दू विप्रा में अपीलीय प्राधिकारी है |
भवदीय,
(वी. के. सक्सेना सैना)
केन्द्रीय लोक सूचना अधिकारी
(लिंक अधिकारी)
दूरभाष : 011-23211622
परिशिष्ट-क
F.No.1(399)/2014-RTI
Point No.
|
Reply
|
1 to 3 and 5
|
TRAI has received complaints of customers against
auto-renewal of SMS and Data packs offered to them by Service Providers
through Special Tariff Vouchers (STV) without their consent, after the expiry
of the STVs. Based on examination of issues arising out of these complaints
and consultations with Service Providers TRAI had issued the “Telecom
Consumers Protection (Seventh Amendment) Regulations, 2013 dated 13th
December, 2013” regarding STV pertaining to SMS or Data packs, having
validity of more than 7 days, prescribing the procedure of obtaining explicit
consent of the consumers for renewal and procedure for deactivation of the
same.
This amendment regulation is not based on the CIC
decision dated 17.07.2013.
In respect of VAS, the procedure for obtaining the
explicit consent of consumers for activation of Value Added Services and
procedure for deactivation of Value Added Services on the request of the
consumers have already been prescribed in the various direction issued by the
Authority.
|
4
|
The Telecom Consumers
Protection (Seventh Amendment) Regulations, 2013 is available on TRAI website
www.trai.gov.in URL http://www.trai.gov.in/content/VerReg/172
0 0.aspx
|
Analysis: TRAI regulations even as on date stipulates to put VAS on auto renewal and deactivate the same if the consumer do not wish to carry on. In view of 70% population being illiterate and under developed class, do you think the deactivation by such class of people is possible when 90% customers feel that VAS are being activated without their consent. It will not be wrong if I say 100% such unethical activation of VAS take place in prepaid connection and more than 95% consumers are having prepaid connections. Poor consumers are being exploited by such consumer unfriendly regulations and as usual there is some ulterior motives if unethical regulations are framed.
The following table as per TRAI report in relation to the above stated facts could be able to answer the question as to why TRAI is not interested in addressing VAS issues?
|
|||||||||||||||
The only recourse available to us is to proceed legally or if a media house might pick up the issue and embarrass TRAI officials
ReplyDelete