Delhi High Court directs TRAI to implement Regulations on unsolicited commercial communication; disposes of Paytm plea

Disposing of Paytm's petition concerning the issue of unsolicited commercial communication, the Delhi High Court today directed the Telecom Regulatory Authority of India (TRAI) to ensure strict compliance of the Telecommunication Commercial Communication Customer Preference Regulations, 2018 [One97 Communication v. Union of India]..A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh ordered,"We direct Respondent No 2 (TRAI) to ensure complete and strict compliance of the Telecommunication Commercial Communication Customer Preference Regulations, 2018 and other related regulations to curb unsolicited communications...We expect from Respondent No 2 that the Regulations shall be implemented and strict action shall be taken in accordance with the law...".The Court also recorded that it expected that the telecom service providers shall also continue implementing the Regulations..One97 Communication and Paytm (petitioner) had moved the High Court last year for implementation of the Customer Preference Regulations. They had alleged loss of brand value and reputation due to “phishing” activities over various mobile networks, in violation of the Regulations..The Regulations aim at curbing the problem of unsolicited commercial communication and phishing by making it mandatory for telemarketers to register themselves..In view of TRAI taking action against errant entities under the Regulations, Senior Advocate Dushyant Dave today submitted that the petition may be disposed of with a direction to the regulator to continue implementing the law. .The other prayers in the petition, including the prayer for Rs 100 crore damages from various telecom companies, were not pressed at the present stage. .Counsel for TRAI, Arjun Natrajan, submitted that compliance of the Regulations was being ensured and that action was being taken for violations.."Continue your efforts and take action in accordance with law...", the Court remarked. .The petition was filed through Advocate Karuna Nundy.