Reliance Jio free offer violates TRAI tariff orders: Vodafone to Delhi High Court

NEW DELHI: Vodafone, India’s second largest telco, has moved the Delhi High Court against the telecom regulator, arguing that it failed to prohibit Reliance Jio Infocomm’s “blatant violation” of tariff orders, directions and regulations.

Vodafone India said Monday that the Telecom Regulatory Authority of India (Trai) had allowed Jio to continue with its free offers and asked that the Mukesh Ambaniled company be made a party to the case. Vodafone has claimed that Trai has also failed to implement the telecom department’s (DoT) circulars, which lay down that all tariffs must be compliant with inter-connection usage charges (IUC) and should be non-discriminatory and non-predatory.

“That the free i.e. zero tariff plan/promotional offer of said operator (RJio) with no charges at all for services is ipso facto noncompliant with the ‘floor’ as stipulated by Trai in its own tariff orders, is IUC non-compliant, predatory and discriminatory and thus violates the Trai’s tariff orders and regulations,” the petition said.

“The free offerings were illegal and also violates the 90-day upper limit fixed for any promotional offer (with) 90 days expiring on 18 September, 2016 (even if counted from 21 June, 2016) and in any event on 3 December, 2016,” the petition added.

Justice Sanjeev Sachdeva is due to hear the matter on February 1. But sources said the High Court will take up the plea only after the telecom tribunal hears Bharti Airtel in a similar case filed before it.

Vodafone has argued that Trai had in 2002 told all telecom service providers that “promotional tariffs cannot exceed the 90 days upper limit”.