Bharti Airtel has moved the TDSAT court against TRAI, allowing Reliance Jio, Mukesh Ambani's leader, to continue the free promotional offer beyond the stipulated 90 days, accusing the regulator of being a "silent viewer" of the violations. In its 25-page TDSAT petition, India's largest private mobile operator has asked the quasi-judicial body to direct TRAI to ensure that Jio does not provide its free voice and data plan beyond 3 December.
It alleged that the violation of TRAI tariff orders has continued since March 2016, causing "significant loss and daily loss" to TRAI and "affecting its network" as it has asymmetric traffic due to the free call offer from Jio. Jio launched for the first time an inaugural plan of voice and data from the 4 of September and this month extended it until the 31 of March.
Giving reasons for his request, Airtel said that the "free services" continue in flagrant violation of the Directorates, Tariff Orders and the TRAI Regulation with "TRAI as a dumb spectator."
When the petition was referred to a TDSAT court today, Jio's lawyer was present and asked to be presented as a party to the case. TRAI said it needs 10 more days to make a decision.
TDSAT ordered TRAI to return with its decision the following day and ordered Jio to submit a request for implementation. The next hearing date is set for January 6, 2017.
Airtel in the petition alleged that TRAI in its October 20 decision "erroneously concluded" that since the promotional offer of Jio's free services was only valid until December 3, it is consistent with TRAI's "90-day" addresses .
"TRAI, moreover, without giving any reasoning critically and in a non-transparent way, violating Article 11 (4) of the TRAI Act concluded that the tariff plans offered by said TSP are not incompatible with the IUC and arenot predatory and discriminatory at present. The contested decision of TRAI is thus bad in the law and deserves to be annulled, "he said.
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