TELECOM REGULATORY AUTHORITY OF INDIA vs AKSHAY KUMAR MALHOTRA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 13th November, 2024 Pronounced on: 07th January, 2025 + W.P.(C) 3026/2015, CM APPL. 5413/2015, CM APPL. 55669/2022 TELECOM REGULATORY AUTHORITY OF INDIA .....Petitioner Through: Mr. Ankoor Sood, Advocate versus AKSHAY KUMAR MALHOTRA .....Respondent Through: In person. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. The Telecom Regulatory Authority of India/ TRAI, challenges the order dated 06th June, 2024,1 issued by the Central Information Commission.2 The controversy stems from three RTI applications filed by the Respondent seeking information regarding complaints he lodged with his Telecom Service Provider,3 Vodafone. By the impugned order, the CIC has directed TRAI to requisition information from Vodafone pertaining to the Respondent’s complaints and provide the same to the Respondent under the provisions of the Right to Information Act, 2005.4 The Petitioner argues that this directive misconstrues the regulatory framework established under the 1 “impugned order” 2 “CIC” 3 “TSP” 4 “RTI Act” Signature Not Verified Digitally Signed W.P.(C) 3026/2015 Page 1 of 17 By:NITIN KAIN Signing Date:07.01.2025 16:12:10 Telecom Regulatory Authority of India Act, 1997,5 and wrongly expands the scope of TRAI’s powers, rendering the order legally unsustainable. Factual Background 2. The factual background leading to the initiation of the present proceedings is as follows: 2.1 The Respondent, Mr. Akshay Kumar Malhotra, registered his mobile number under the ‘Fully Blocked Category’ of the National Consumer Register for the National Do Not Call Registry. Despite requesting activation of the ‘Fully Blocked- Do Not Disturb’6 service, the TSP, i.e., Vodafone allegedly altered the DND status of his mobile num