VODAFONE ESSAR LTD Vs. RAJU SUD

JUDGEMENT

(1.) The Plaintiffs who is service provider has filed this Summary Suit by invoking Order XXXVII of the Civil Procedure Code (for short, CPC) based upon computer generated itemized mobile bills.

(2.) The Plaintiffs are engaged in the business of providing Mobile Telephone Services under a Licence Agreement dated 29 11 1994, issued by the Government of India (as amended from time to time), under the terms and conditions set out thereon. Under the provisions of the Indian Telegraphs Rules 1951, and more particularly Rule 439 thereof, the charges for usage become payable on presentation of a bill. It is necessary for the service provider that the billing system of the licensees should generate the billing information, in adequate details, to ensure satisfaction to the customer about the genuineness of the bill. The bill represents the true extent of the service actually provided by the service provider and also the details about the service conditions, which are available to the subscribers. Some of the purposes of issuing or obtaining the telephone/mobile bills through hard copy, inter alia, are to (a) understand and satisfy oneself about the genuineness of the bill; (b) facilitate making of payment; (c) verify the charges incurred by the consumer and (d) monitor usage or expenditure by consumer.

(3.) The directions of Telecom Regulatory Authority of India (for short, "TRAI") issued issued from time to time with regard to the generation of bills have binding force. TRAI issued a Direction vide No. 303 4/2007 QoS, dated the 4 th May, 2007 specifying various guidelines as to how the bill should be presented to the consumers and that bill must contain certain useful information to the consumers in addition to the amount of the bill. TRAI has noted that the service providers of other sectors such as Electricity Corporations, Water Utilities services, and Financial Institutions etc., are are not charging any amount for providing the hard copy of the bill. TRAI after careful consideration of the provisions relating to billing in the Indian Telegraph Rules, 1951, License Agreements for Cellular Unified Access, NLD and ILD licenses directed the service providers to provide hard copy of the bill to its post paid subscribers free of cost. However, if any customer opts for receipts of the bill through e mail, instead of hard copy, the service providers can supply the same after obtaining explicit consent from the consumers. In all other cases, the service provider must ensure that the bills are generated and delivered to the consumers in printed form free of cost.