WELFARE ASSO Vs. DEPARTMENT OF TELECOMMUNICATIONS

JUDGEMENT

(1.) In a complaint filed, the complainants, namely The Tamil Nadu STD/pco Franchisees Welfare Association and St. John Ambulance Association had charged the respondent, i. e. Department of Telecommunications with the adoption of and indulgence in restrictive trade practices within the meaning of Sec.10 (a) (i) read with Sections 2 (o), 33 (1), and 37 of the Monopolies Restrictive Trade Practices Act, 1969 (in brief MRTP Act ).

(2.) It is stated that the complainant No.1 is a trade association comprising of 1,000 STD/ PCO operators who have been granted licences under the first proviso of Sec.4 of the Indian Telegraph Act, 1885 to install, maintain and operate Public Call Offices (PCO) in their respective designated operation areas subject to the terms and conditions as contained in the respective licences. Complainant No.2 is a voluntary organisation engaged, inter alia, in rescue and relief work at all emergencies rendering first aid for basic life support in cases of accidents, illness and in the transportation of sick and injured people. On 10.7.1999, the respondent by way of publication in the newspaper The Hindu' issued a warning to the STDPT Franchisees that "any PT PCO franchisee found using cellular phones in the PCOs, their PTs will be disconnected without any further notice". The advertisement so issued constitutes restrictive trade practice within the meaning of Sec.2 (o) of the Act imposing unjustified cost and restriction on the consumer on such services. It is, therefore, prayed that the respondent be directed to withdraw the said warning contained in the advertisement published in the newspaper, namely 'the Hindu' on 10.7.1999 and be restrained from implementing the said restrictive trade practice in not allowing members to use mobile telephones connection to provide STD/ ISD facilities to the customers.

(3.) The complainant also filed an application under Sec.12a of the Act for interim relief seeking relief that the respondent be restrained from giving effect to the impugned advertisement dated 10.7.1999 as well taking steps not to cancel or terminate the licence agreement with any STD/pco operators on the alleged ground that the use of cellular, mobile telephone connections for public is illegal and violative of agreement.