INDIA BUSINESS WORLD SEPTEMBER (1^st - 15^th) 2007
The Month that was ...

DELHI HIGH COURT RESTRAINS TELEMARKETERS FROM MAKING UNSOLICITED CALLS TO CELL USERS

THE Delhi High Court has restrained telemarketers from making unsolicited calls to mobile phone users, irrespective of the fact whether or not they are registered with the DND facility. A bench comprising Justice Tirath Singh Thakur and Justice Kailash Gambhir said if any telemarketer continues with such activities, it would be illegal and the consumers can move against telecom companies in the consumer court. The court passed the order on a contempt petition filed by Nivedita Sharma, saying she had been getting unsolicited calls despite a consumer court order.

The high court had, however, earlier stayed the consumer court order, which imposed an exemplary fine of Rs 50 lakh on Airtel and COAI for failure to stop 'unnerving unsolicited' calls and SMS by telemarketing and banking companies to mobile phone users. The consumer court had also imposed a penalty of Rs 12.5 lakh each on ICICI and the American Express Bank for causing 'immense nuisance' by making unsolicited communications such as SMS. The high court said such calls should not be made to any consumer irrespective of whether one is registered with 'Do Not Disturb' registry as recommended by Trai. The DND facility has come into effect from September 1. Sharma had filed a complaint against Airtel, ICICI and American Express Bank.