Sunday, 27 January 2013
TDSAT disposes of Tata Communications pleas against MTNL
Telecom tribunal TDSAT has allowed the plea of Tata Communications and directed state- owned MTNL to produce the documents showing the ISD call rates that it charged from customers in Delhi and Mumbai.
The Telecom Disputes Settlement and Appellate Tribunal however denied the plea of Tata Communications to direct the PSU to produce the internal letter based on which IUC amounts were paid by MTNL to the company.
The pleas relate to the dispute Tata Communications and MTNL have over the payment of Interconnection Usage Charges (IUC) charges for the period between May 2005 to May 2008 and the matter is before TDSAT.
In the first plea, the tribunal was of view that ISD rates were already available on MTNL's website and in public domain, and Tata Communications can get those by paying the charges.
"Without going into the merits and relevance of these documents and in view of the statement made by the learned counsel for the respondent (MTNL), it is directed that a copy of these published documents may be supplied to the petitioner (Tata Communications) subject to the payment of Rs 2,000 by the petitioner," TDSAT said while allowing Tata's application.
Meanwhile, on the issue of internal correspondence on payment and adjustment of IUC charges, the tribunal was of view that there was no need for those documents at this stage as payments have been made.
TDSAT said "I am of the opinion that any approval made internally by the MTNL may not be relevant for adjudication of this petition specifically when the Tata Communication is admitting the bills paid. The adjudication will depend upon whether the parties have made payments based on the existing terms and conditions of the contract.
"So, there is no need to call for the records of the respondent at this stage. However, if it is considered relevant, this Tribunal may consider to call for any record from the respondent at the time of final hearing.