TDSATslams TRAI for its inconsistent stance in the case of JIO

While no stay has been granted on the promotional offers offered by Reliance Jio, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has, indicted Telecom Regulatory Authority of India (TRAI) for its inaction inasmuch as there are inconsistencies in the filings done..Airtel and Idea have been fighting a battle against Jio’s promotional offers, and TRAI’s lack of concern on the violations that these offers have triggered..Airtel had basically approached TDSAT on two grounds:.That, TRAI has not been fair in its dealing with Jio to the extent that Jio has been (allegedly) violating various TRAI Tariff orders and the consumer protection regulation. On this point, TDSAT has taken a strong stance against TRAI for its lethargic and almost seemingly collusive behaviour;.That, Jio’s offers have continued beyond the statutory permissible limit- although no stay has been granted on the offers, this relates back to the first point and TRAI has been ordered to conduct examination to check for violations, if any..More particularly, the issue has been with respect to the two ‘promotional offers’ given by Jio to its subscribers..First of the two is the ‘Welcome Offer’, which commenced on September 4, 2016 and lasted until December 3, 2016 and, the second one is ‘Happy New Year Offer’, which commenced on January 1, 2017 and ended on March 3, 2017..It was Airtel’s contention that both the offers were same and that there was in fact no difference between the two..However, through a communication dated January 31, 2017, TRAI said that both these offers were different to the extent there was a difference in the amount of data (and speed) being offered under both plans..Later, TRAI’s submissions to the TDSAT revealed that the Welcome Offer plan was in fact submitted on September 1, 2016 as a ‘base plan’ with ‘special benefits’ beginning September 5, having a validity period of 6 months..This Welcome Offer by Jio was filed in the form of a ‘plan voucher’..A ‘plan voucher’ is different from a ‘promotional offer’ with one of the differences being the validity period i.e. only 3 months for a promotional offer while it is 6 months for base plan. Interestingly, the words ‘Welcome Offer’ were not uttered by Jio for over three weeks until September 27, 2016..However, this Welcome Offer, despite having been filed as a ‘plan voucher’ was being marketed as a promotional offer from the very beginning..And more than a month later on October 12, Jio asked TRAI to consider these special benefits being provided under its base plan as a ‘promotional offer’, although it always was a promotional offer..This was done right after the incumbent Telcos had complained to the TRAI regarding this promotional offer and TRAI had given its clean chit to Jio on 20 October of last year..This change in tariff is by itself a violation of the Telecommunication Tariff Order, 1999 because any amendment to the tariff is to be notified within seven days from its implementation..And based on this, TDSAT has raised eight key questions which the TRAI will have a tough justifying. Certainly, the conclusions drawn from the inconsistent stance taken by TRAI will backfire during the course of the proceedings..Read the order below to understand the questions better.