Delhi HC asks TRAI to take action under Customer Preference Regulations on unsolicited commercial communication

The Delhi High Court today asked the Telecom Regulatory Authority of India (TRAI) to take action as per law in the show-cause notices issued by it under the Telecommunication Commercial Communication Customer Preference Regulations, 2018 (Customer Preference Regulations). [One97 Communication vs UOI].Since 2018 you have enacted a law.. Why are you feeling so shy? Take action.Delhi High Court said. .A Division Bench of Chief Justice DN Patel and Justice Prateek Jalan was hearing a petition by One97 Communication and Paytm (Petitioner) seeking implementation of the Customer Preference Regulations. .The Regulations aim at curbing the problem of unsolicited commercial communication and phishing by making it mandatory for telemarketers to register themselves. .In its petition filed through Advocate Karuna Nundy, the Petitioner has also sought damages of Rs 100 crores from telecom companies for damage to their brand and reputation due to “phishing” activities over the various mobile networks..Appearing for One97 Communication, Senior Advocate Dushyant Dave today reiterated that the Regulations must be implemented in a time-bound manner. .He argued that an "outer-limit" be provided by the High Court, within which all registrations under the Regulations must be completed. .Delhi HC issues notice in Paytm plea for Rs 100 crores damages from telcos on account of phishing over their mobile network.Senior Advocate Dave asserted that the sector regulator, TRAI had the power under the statutory regime to take action against those entities which were not registering themselves under the Customer Preference Regulations. .Access providers should not allow to unregistered entities to send SMS, he argued. .In response, counsel for TRAI, Advocate Arjun Natrajan argued that the process of registration was going on and that the Regulation was not a "fraud control mechanism". .He added that since 2019, TRAI had been issuing show-cause notices to erring entities. .We are in 2020.. This is a wrong notion in your mind that show-cause is action.Delhi High Court responded. .Noting that not a single case of show-cause had been adjudicated by TRAI, the Court further remarked, ."..satisfy us that you are taking action so that we don't have to.".In view of the above, the Court recorded in its order that it is expected that TRAI shall adjudicate as per the law, at least one or two show-cause notices issued by it under the Customer Preference Regulations before the next date of hearing. .Finally adjudicate it or we will pass strictures, the Court said. .The matter would be heard next after eight weeks.