Pesky telemarketers off the hook from Sep 5

New Delhi: Irritating telemarketing companies offering loans and freebies won’t be disturbing people from September 5, the government promised on Friday.

The Centre told the Supreme Court that a National Do-Not-Call Registry, which frames guidelines and regulations for telemarketers, banks and cell-phone companies, would be implemented by August 30 and become operational from September 5.

Additional Solictor General P P Malhotra told the court that the registry, which is based on regulations followed in the West, would create a national database of telephone numbers of subscribers who do not want to receive unsolicited commercial calls.

A bench comprising Justices A K Mathur and P K Balasubramanyam, who were hearing a plea to ban unsolicited phone calls, said current regulations were "toothless” and there was a need for stricter punitive action.

"It has become a menace. Where are the rules and regulations to check such nuisance. The regulations submitted by the government are toothless," Justice Mathur said.

"Even I received a call from a private bank for a loan," he said.

The court suggested the government instead of asking subscribers to contact the Registry should register cell-phone users who want to receive commercial calls. "Look at your difficulty. You cannot restrain commercial calls. Very few people would like to be disturbed," it said.

The court cited a newspaper report which said a US court had awarded $11,000 compensation to a subscriber for receiving unsolicted calls.

The lawyers for Harsh Pathak, who has filed a case against unsolicited calls, opposed the Registry and claimed the government wasn’t serious on the issue.

Lawyer C S Sundaram, who argued for a private telecom provider, said telecom regulator TRAI after adopting various regulations from different countries had issued the Telecom Unsolicited Commercial Communications Regulations 2007

to curb unwanted telemarketing calls.

As per the draft Regulations, the company would have to shell out Rs 1,000 as penalty for the first call and may face disconnection of its line for a second call.

After hearing the arguments from all the parties, the court posted the matter for hearing on September 21.