The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has decided to consider a petition filed by Loop Mobile against Bharti Airtel over a dispute regarding an SMS agreement between the two operators, say news reports.
In the petition, Loop Mobile claimed that it was coerced to sign an SMS termination agreement with Bharti Airtel and Bharti Hexacom on November 10, 2012. As part of the agreement, it has to pay an SMS termination fee of Re 0.10 per SMS to Bharti Airtel, failing which, the latter would disconnect it from its network. Loop Mobile has requested TDSAT to declare the agreement signed by it with Bharti Airtel as null and void.
Following the petition, Bharti Airtel claimed that TDSAT lacks the jurisdiction to examine the matter. However, dismissing Bharti Airtel’s petition, TDSAT admitted Loop Mobile’s petition and stated that the tribunal has the power to examine the agreement signed by the two operators. According to TDSAT, as held by the Supreme Court, the tribunal has no jurisdiction to decide the validity of the terms and conditions of the contract but it has the jurisdiction to decide any dispute between the parties on the interpretation of the terms and conditions of the contract.
However, TDSAT has not provided interim relief to Loop Mobile because it was not possible for it to pass an interim order on the matter in the absence of a response from Bharti Airtel. TDSAT has directed Bharti Airtel to file a reply and has listed the matter for hearing on January 21, 2013.
