SHIVTEL COMMUNICATIONS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) None appears for the Petitioner. The present petition has been filed by the Petitioner seeking directions in respect of the implementation of the Telecom Commercial Communications Customer Preference Regulations, 2018 (hereinafter, "TCCCPR").

(3.) The grievance of the Petitioner is that this particular regulation was introduced on 19/7/2018 by the Telecom Regulatory Authority of India (TRAI). The said regulations were the subject matter of WP(C) 3330/2020 titled 'One97 Communications Limited and Anr. v. Union of India', in which the ld. Division Bench, vide judgment dtd. 3/2/2021, had directed that TRAI to ensure compliance and strict implementation of the provisions of the said regulations to curb unsolicited commercial communication sent over the respective networks of the telecom service providers. The relevant portion of the said judgement reads as: 5. In view of the above and in view of the limited submission made by learned Senior Counsel appearing for the petitioners, we hereby direct respondent No.2 to ensure compliance and strict implementation of the provisions of the Telecom Commercial Communications Customer Preference Regulations, 2018 and other related Regulations, issued from time to time, to curb unsolicited commercial communication sent over the respective networks of the telecom service providers. 6. We expect that in case of any violation, respondent No.2 shall take action against the violators in accordance with law, especially, the Regulations, 2018. We have also taken note of the fact that respondent Nos. 3 to 9/Access Providers are compliant with the provisions of the Regulations, 2018 and we expect that they shall continue to strictly comply with the provisions of the Regulations, 2018.