HC stays Consumer Commission's order against telecom cos
The Delhi High Court on Thursday stayed an interim order of Delhi State Consumer Commission restraining mobile service providers from holding contests or lotteries as part of their promotional activities.
After hearing the contention of telecom major Vodafone Essar and Cellular Operators Association of India, who had jointly filed a petition in the court, Justice S Ravinder Bhatt said: "The operation of the impugned interim order of the Consumer Commission is suspended till the final order is passed by the Commission on the complaint filed by an NGO."
The court also said the telecom companies can approach it for relief against the final order of the Commission.
The Commission is to hear the case on September 25. On August 22, the Commission had passed an interim order restraining all telecom companies from offering promotional schemes like contests or lotteries as it held that it was not in the subscribers' interest.
Challenging the order of the Commission, petitioners' counsel Rajeev Nayaar said: "The company was not given an opportunity to be heard and an ex-parte order was issued against all telecom companies against whom there was no complaint."
The interim order was on a complaint filed by Society of Catalysts, an NGO, against Vodafone Essar offering free gold coins and bumper prize of Maruti SX4 car by way of lucky draw to its subscribers.
Terming the company's scheme as an unfair trade practice, the Commission had said such offers are not in the interest of subscribers but are intended to ensure that users make more calls and generate additional revenues for operators.
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