CONSUMERS COMPLAINT REDRESSAL (DIGITAL
ADDRESSABLE CABLE TV SYSTEMS) REGULATIONS, 2012
PREAMBLE
In exercise of the powers
conferred by section 36, read with sub clauses (i) and (v) of clause (b) of
sub-section (1) of section 11 of the Telecom Regulatory Authority of India Act,
1997 (24 of 1997), read with notification of the Government of India, in the
Ministry of Communication and Information Technology (Department of
Telecommunication) No. 39.-
(a) issued, in exercise of the
powers conferred upon the Central Government under clause (d) of sub-section
(1) of section 11 and proviso to clause (k) of sub- section (1) of section 2 of
the said Act, and
(b) published under notification
No. S.O.44(E) and 45(E) dated the 9th January, 2004 in the Gazette of India,
Extraordinary, Part III, Section 4, the Telecom Regulatory Authority of India
hereby makes the following regulations, namely:
CHAPTER I
PRELIMINARY
Regulation - 1. Short title, commencement and application.--
(1) These
regulations may be called the "Consumers Complaint Redressal (Digital
Addressable Cable TV Systems) Regulations, 2012(13 of 2012)".
(2) They
shall come into force from the date of their publication in the Official
Gazette.
Regulation - 2. Definitions.--
In these regulations, unless the context
otherwise requires,--
(a) "Act"
means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
(b) "Authority"
means the Telecom Regulatory Authority of India established under sub-section
(1) of section 3 of the Telecom Regulatory Authority of India Act, 1997;
(c) "cable
operator" means any person who provides cable service through a cable
television network or otherwise controls or is responsible for the management
and operation of a cable television network and fulfils the prescribed eligibility
criteria and conditions;
(d) "Complaint
Centre" means a facility established under regulation 3 by the multisystem
operator or his linked local cable operators, as the case may be;
(e) "Consumer"
means a consumer of a multi-system operator or his linked local cable operator,
as the case may be, to whom these regulations apply and includes its customer
and subscriber;
(f) "Consumer
Care Number" means a telephone number earmarked by the multi-system
operator or his linked local cable operator, as the case may be, to access his
complaint centre;
(g) "Multi-System
Operator" means a cable operator who has been granted registration under
rule 11 of the Cable Television Networks Rules, 1994, as amended by rule 8 of
the Cable Television Networks (Amendment) Rules, 2012, and who receives a
programming service from a broadcaster or its authorised agencies and
re-transmits the same or transmits his own programming service for simultaneous
reception either by multiple subscribers directly or through one or more local
cable operators and includes his authorised distribution agencies, by whatever
name called;
(h) "Nodal
Officer" means the officer appointed or designated by the multi-system
operator or his linked local cable operator, as the case may be under
regulation 8 of the regulations;
(i) "regulations"
means Consumers Complaint Redressal (Digital Addressable Cable TV Systems)
Regulations, 2012 (13 of 2012);
(j) "system"
means the Web Based Complaint Monitoring System established under
sub-regulation (1) of regulation 5;
(k) all other
words and expressions used in these regulations but not defined, and defined in
the Act or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995),
and the rules, orders and other regulations made thereunder, shall have the
meanings respectively assigned to them in those Acts or the rules, orders or
other regulations, as the case may be.
CHAPTER II
REDRESSAL OF COMPLAINTS OF
DIGITAL ADDRESSABLE CABLE TELEVISION SYSTEMS CONSUMERS
Regulation - 3. Establishment of complaint centre.--
(1) Every
multi-system operator or his linked local cable operator shall, before
providing the digital addressable cable TV services, establish a complaint
centre in his service area, for redressal of complaints and for addressing
service requests of his consumers.
Provided that the complaint
centre for a service area shall provide the services in the local language of
that service area in addition to Hindi and English.
(2)
Every complaint centre shall be accessible to the consumers
between 08:00 hrs and 00:00 hrs on all days of the week.
(3)
Every multi-system operator or his linked local cable operator, as
the case may be, shall deploy sufficient number of employees at his complaint
centre to meet the Quality of Service parameters, as may be specified by the
Authority from time to time.
(4)
Every multi-system operator or his linked local cable operator, as
the case may be, shall ensure that the complaint centre is accessible to his
consumers through a "Consumer Care Number" having sufficient lines or
connections.
(5)
The "Consumer Care Number" shall be toll free.
(6) Every
multi-system operator or his linked local cable operator, as the case may be,
shall ensure that an Interactive Voice Response System (IVRS), if installed on
a "Consumer Care Number", is operated in the following manner,-
(a) the first
level of the IVRS provides for language selection;
(b) the
second level of the IVRS provides for options relating to the broad categories
of complaints and service requests;
(c) the third
level of the IVRS provides for a sub-menu under complaints and service requests,
separately;
Provided that the sub-menu in the
third level shall also contain an option enabling the consumer to speak to a
consumer care agent.
(7) Response
time to the subscriber for calls made on "Consumer Care Number" by
the subscriber, answered electronically;
(a) Eighty
percent of calls to be answered within twenty seconds electronically;
(b) Ninety
five percent of calls to be answered within forty seconds electronically;
(8) Response
time to the subscriber for calls made on "Consumer Care Number" by
the subscriber, answered by operator;
(a) Eighty
percent of calls to be answered (voice to voice) by a person (other than by
electronic means) appointed by the multi-system operator or its linked local
cable operator, as the case may be, within sixty seconds;
(b) Ninety
five per cent of calls to be answered (voice to voice) by a person (other than
by electronic means) appointed by the multi-system operator or its linked local
cable operator, as the case may be, within ninety seconds.
Explanation.--For the purpose of
calculating percentage of calls referred to sub-regulation (7) and (8), the
total number of calls made during a month shall be taken into account.
Regulation - 4. Publication of information.--
(1) Every
multi-system operator or his linked local cable operator shall, before
providing the digital addressable cable TV services, establish a complaint
centre in his service area, publicise the "Consumer Care Number"
through,-
(a) public
notice in a leading newspaper in Hindi or English and in a leading newspaper
published in a local language of the service area;
(b) display
on the website of the multi-system operator and his linked local cable
operator;
(c) updation
of set top boxes of consumers by pre-configuration or over the air transfer;
(d) display
in all complaint centres and sales outlets;
(e) scrolling
the information on the channels transmitted or re-transmitted on his network.
(2)
Every multi-system operator or his linked local cable operator, as
the case may be, shall publicise the "Consumer Care Number" in the
same manner as given at clause (a) of sub-regulation (1) above, at least once
in six months.
(3) In case
of any change in the "Consumer Care Number", the same shall be
publicised at least one week prior to such change, in the manner specified in
sub-regulation (1).
Regulation - 5. Establishment of complaint monitoring system.--
(1) Every
multi-system operator or his linked local cable operator shall, before
providing the digital addressable cable TV services, establish a complaint
centre in his service area, establish a 'Web Based Complaint Monitoring System'
to enable the consumers to monitor the status of their complaints.
(2) Every
multi-system operator or his linked local cable operator, as the case may be,
shall,-
(a) immediately
on establishment of the 'Web Based Complaint Monitoring System', under
sub-regulation (1), publish information about the address of the 'Web Based
Complaint Monitoring System' and the process for monitoring the complaints in a
leading newspaper in Hindi or English and in a leading newspaper in the local
language of the service area and through the bills issued by the multi-system
operator or his linked local cable operator, as the case may be;
(b) continue
to make available such information in the bills issued by the multisystem
operator or his linked local cable operator, as the case may be, and also
publish once in six months in the newspapers in the manner prescribed in clause
(a) of sub-regulation (2).
(3)
Any change in the address of the 'Web Based Complaint Monitoring
System' shall also be intimated to the consumers in the same manner as
specified under sub-regulation (2).
(4)
The Authority may, from time to time, issue such directions as it
may deem appropriate, to the multi-system operator regarding the 'Web Based
Complaint Monitoring System'.
Regulation - 6. Handling of complaints by complaint centre.--
(1) Every
complaint centre shall, immediately on receipt of a complaint from a consumer,
register such complaint and allot a unique number to be called the docket
number;
Provided that the Authority may,
if deemed necessary, specify a format for docket number.
(2) Every
complaint centre shall,--
(a) at the
time of registering of the complaint,-
(i) communicate
to the consumer the docket number, date and time of registration of the
complaint and the time within which the complaint is likely to be resolved; and
(ii) update
the system with the date and time of registration of the complaint, docket
number assigned under sub-regulation (1), the telephone number of the consumer,
and the time indicated to the consumer for resolution of the complaint;
(b) on
completion of action on a complaint,-
(i) communicate
to the consumer, the details of the action taken on the complaint; and
(ii) update
the system with the details of action taken.
Regulation - 7. Time limit for redressal of complaints of consumers.--
(1) Every
multi-system operator or his linked local cable operator, as the case may be,
shall ensure redressal of the complaints in accordance with the time frame as
specified under sub-regulation (1) of regulation 11 of the Standards of Quality
of Service (Digital Addressable Cable TV Systems) Regulations, 2012 (12 of
2012), issued by the Authority;
(2) Where a
time limit has not been specified under the Standards of Quality of Service
(Digital Addressable Cable TV Systems) Regulations, 2012 (12 of 2012), issued by
the Authority, the complaints shall be addressed within a time period not
exceeding three days.
CHAPTER III
REDRESSAL OF CONSUMER'S
COMPLAINTS BY NODAL OFFICERS
Regulation - 8. Appointment or designation of Nodal Officer.--
(1) Every
multi- system operator or his linked local cable operator, as the case may be,
shall, on or before the date of commencement of these regulations or before or
simultaneously with commencement of its operations, appoint or designate one or
more Nodal Officers in every State in which it is providing its service, as may
be considered necessary for the purposes of these regulations.
(2) Every
multi-system operator or his linked local cable operator, as the case may be,
shall immediately on appointment or designation or change of a Nodal Officer,-
(a) give wide
publicity about appointment or designation of such Nodal Officers or any change
thereof;
(b) display,
at its each office, complaint centre, at the sales outlets, website and at the
office of the Nodal Officer, the name of the Nodal Officers, their addresses
and telephone numbers, e-mail addresses, facsimile numbers and other means of
contacting them.
Regulation - 9.Handling and redressal of consumer complaints by Nodal Officers.--
(1) In case a
consumer is not satisfied with the redressal of his complaint by the complaint
centre, such consumer may approach, by a letter in writing, or through
telephone, or web based online filing of complaints or through short message
service or through other electronic means or any other means, the Nodal Officer
of the multi-system operator or his linked local cable operator, as the case
may be, for redressal of his complaint:
Provided that a consumer may, in
emergent situation, approach at the first instance a Nodal Officer instead of a
complaint centre and the Nodal Officer shall redress the complaint.
(2) Every
Nodal Officer shall.-
(a) be
accessible to the consumers at the address publicized, as required by
sub-regulation (2) of regulation 8;
(b) register
every complaint lodged by the consumers;
(c) issue an
acknowledgement to the consumer within two days from date of the receipt of the
complaint indicating therein the unique complaint number;
(d) intimate,
within the time limit specified in sub-regulation (3) of this regulation, the
decision taken in respect of such complaint, to the consumer, immediately after
taking the remedial measure for redressal of the complaint.
(3) The Nodal
Officer shall resolve or redress the complaints of the consumer as per the time
frame specified under regulation 12 of the Standards of Quality of Service
(Digital Addressable Cable TV Systems) Regulations, 2012 (12 of 2012), issued
by the Authority.
Regulation - 10. Complaints referred to the multi-system operator by the Authority.--
(1) The
Authority may, without prejudice to the provisions contained in the Telecom
Regulatory Authority of India Act, 1997 (24 of 1997), forward the complaint to
the concerned multisystem operator for the purpose of redressal,-
(a) complaints
alleging violation of the Act or regulations made or directions issued or
orders made by it under the Act;
(b) complaints
of the consumers which are generic in nature;
(c) complaints
alleging that the practices adopted by the multi-system operator adversely
affects the interest of the consumers;
(d) a
complaint of such nature that, in the opinion of the Authority, is required to
be resolved expeditiously by the multi-system operator;
(2)
Every multi-system operator shall investigate and find out the
root cause of all complaints referred by the Authority under clause (a), (b)
and (c) of sub-regulation (1) and redress such complaints, under information to
the consumer as well as the Authority of the result within one month from the
date of reference of the complaint.
(3)
Every multi-system operator shall resolve every complaint referred
to under clause (d) of sub-regulation (1) within seven days of reference of the
complaint, and inform the result to the Authority within three days of the
resolution of the complaint.
(4) In case
the investigation and root cause of the complaints referred to under
sub-regulation (2) reveal general deficiency or systemic inadequacy in practice
or operation adopted by or on the part of the multi-system operator, the
multi-system operator shall take remedial measures in respect of all similarly
placed consumers and intimate the same to the Authority within one month of
reference of the complaint.
Regulation - 11. Maintenance of records of complaints.--
(1) Every
multi-system operator or his linked local cable operator, as the case may be,
shall maintain records of all complaints filed by the consumer with them and
such records shall include docket number, name and address of complainant, date
and time of filing complaint, type of complaint and redressal date and time and
the written confirmation from the consumer that the complaint has been
redressed.
(2) The
records referred to in sub-regulation (1) shall be kept till the expiry of
three months from the date of resolution of a complaint and the multi-system
operator shall produce the records whenever called upon by the Authority or the
authorised officer, as defined under The Cable Television Network (Regulation)
Act, 1995 (7 of 1995).
CHAPTER IV
CONSUMER'S CHARTER FOR DIGITAL
ADDRESSABLE CABLE TV SYSTEMS
Regulation - 12. Consumer's charter.--
(1) Every
multi-system operator shall, directly or through his linked local cable
operator, shall within sixty days of the coming into force of these
regulations, publish a 'Consumer's Charter for addressable cable TV systems'
containing the following information,-
(a) name,
contact address, telephone number, e-mail and facsimile number of the
multi-system operator and his linked local cable operator;
(b) services
offered by the multi-system operator or his linked local cable operator,
including the details of geographic areas where such services are available;
(c) terms and
conditions of service offered by the multi-system operator and his linked local
cable operator;
(d) Quality
of Service parameters specified by the Authority in respect of each of the
services;
(e) Quality
of Service promised by the multi-system operator or his linked local cable
operator, as the case may be, in respect of each service and geographic area;
(f) details
about equipment offered to the consumer by the multi-system operator or his
linked local cable operator, as the case may be, in respect of any of the
services;
(g) right of
consumers under the different regulations, orders and directions issued by the
Authority; and in particular those relating to tariff;
(h) the
duties and obligations of the multi-system operator or his linked local cable
operator, as the case may be, under the different regulations, orders and
directions issued by the Authority and in particular those relating to tariff;
(i) Consumer
Care Number;
(j) complaint
redressal mechanism, including complaint redressal procedure and the time
limits for redressal of complaints;
(k) e-mail,
contact address, telephone number and facsimile number of the Nodal Officers
and time limits for disposal of complaints;
(l) procedure
for termination or disconnection of each service offered by the multisystem
operator or his linked local cable operator, as the case may be; and
(m) any other
information that may be specified by the Authority from time to time.
(2)
The 'Consumer's Charter for digital addressable cable TV systems'
shall be prepared in Hindi, English and the local language of each service
area.
(3)
The 'Consumer's Charter for digital addressable cable TV systems'
shall be available for reference at every office of the multi-system operator
or its linked local cable operator, complaint centre and on the website of the
multi-system operator or his linked local cable operator, as the case may be.
(4)
A copy of the 'Consumer's Charter for digital addressable cable TV
systems' or its abridged version containing salient features such as terms and
conditions of service, the Consumer Care Number, contact details of complaint
centre and the Nodal Officers, procedure and time limit for redressal of
complaints and disposal of complaints shall be provided by the multi-system
operator or his linked local cable operator, as the case may be, to each
consumer at the time of subscription for service.
(5)
A copy of the 'Consumer's Charter for addressable cable TV
systems' shall be filed with the Authority before commencement of service.
(6)
The multi-system operator or his linked local cable operator, as
the case may be, shall file with the Authority, by the 15th January of every
year, a fresh copy of the 'Consumer's Charter for digital addressable cable TV
systems' incorporating all changes effected.
CHAPTER V
MISCELLANEOUS
Regulation - 13. Inspection and auditing.--
(1) Every
multi-system operator shall maintain complete and accurate records of redressal
of complaints by his complaint centre and the Nodal Officer.
(2) The
Authority may, if it considers it expedient so to do, and to ensure compliance
of the provisions of these regulations, by order in writing, direct any of his
officers or employees or an independent agency appointed by the Authority to,-
(a) inspect
the complaint centre and the office of Nodal Officer and the records maintained
under sub-regulation (1); or
(b) get the
records maintained under sub-regulation (1) audited.
Regulation - 14. Application of other laws not barred.--
The provisions of these
regulations shall be in addition to, and not in derogation of, any other law
for the time being in force.
Regulation - 15. These regulations not to apply in certain cases.--
(1) Nothing
contained in these regulations shall apply to any matter or issue for which,-
(a) any
proceedings before any court or tribunal are pending; or
(b) a decree,
award or an order has already been passed by any competent court or tribunal or
authority or forum or commission, as the case may be.
Regulation - 16. Interpretation.--
In case of any doubt regarding
interpretation of any of the provisions of these regulations, the clarification
issued by the Authority shall be final and binding.