Airtel fined for 'unsolicited' calls

New Delhi: In a move that could greatly influence the way telemarketing companies operate in India, the Delhi State Consumer Commission on Monday passed an exemplary judgment and slapped a fine of Rs 50 lakh on Airtel and the Cellular Operators Association of India (COAI) for their 'failure' to stop 'unnerving unsolicited' calls and SMSes by telemarketing and banking companies to mobile users.

The Delhi State Consumer Disputes Redressal Commission, headed by Justice J D Kapoor, also imposed a penalty of Rs 12.5 lakh

each on ICICI and the American Express banks for causing 'immense nuisance' by making unsolicited communications such as SMSes and telemarketing calls at odd hours to cellular users.

"These damages are being imposed because of 'care-a-fig for' attitude of cellular operators and telemarketers and their having continued to indulge in making unsolicited commercial communications such as SMSes, telemarketing calls etc at odd hours.

"And thereby causing immense nuisance in spite of the fact that they were issued notice by the Supreme Court in a PIL in 2003 and orders passed by the same commission from time to time for not indulging in such practices," Justice Kapoor said.

The commission was critical of the fact that the information relating to subscribers, which were confidential and were lying with the mobile companies, were being passed on to the telemarketing agencies that to without the users' consent.

"It is very sad and disheartening that these communications create nuisance and disturbance to the day-to-day work of the consumers as these calls are made at odd hours and when the person is in the business meeting or some other important work or emergency as receiving such calls during a professional and personal engagements. It not only harasses but also unduly interferes with the right of privacy of a person," the commission said.

Taking strong note of inaction by telecom regulator TRAI, the commission said that in spite of it being aware of this problem for years, which had spread like epidemic and was unabated, no effective steps were taken.

(With PTI inputs)