TDSAT to hear IBF case on tariff on 12 December

NEW DELHI: The Telecom Disputes Settlement Appellate Tribunal (TDSAT) has adjourned to 12 December the petition by the Indian Broadcasting Foundation (IBF), Viacom 18 and MSM India challenging the tariff order amendment of 16 July that was passed by the Telecom Regulatory Authority of India (TRAI).


Chairman Aftab Alam and member Kuldip Singh adjourned the matter as TRAI has still not filed its reply on the matter.


Earlier when the case had come up in August, TDSAT had adjourned the hearing in view of Star India’s case challenging the TRAI order dated 18 July in the Delhi High Court.


The Federation of Hotel and Restaurants Association of India (FHRAI) had then asked for a refund from broadcasters for deals signed before the order came into existence. However the IBF counsel stated that the order only talks of deals taking place in the new regime and the deals for which the FHRAI was asking for refunds were done in advance.


Considering the Delhi HC order and also IBF’s proposition that in a 2012 judgment, the TDSAT had itself said that when an arrangement is ongoing between parties and a tariff order is issued, it is not applicable with retrospective effect, unless mentioned in the order.


The court had in the earlier hearing also asked both parties to ensure all their pleadings were in place by 28 October so that a final verdict could be given on 18 November, which now has been postponed to 12 December.


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