'This Is Infringement Of Right To Privacy': Chandigarh Lok Adalat Imposes Rs. 37,000/- Fine On BSNL For Not Stopping Promotional Messages In DND Service

"It is a case of infringement of right to privacy of the applicant, who has categorically registered his mobile number as DND for the unsolicited commercial calls by the call service," the Court said.

A Chandigarh based Advocate, Manoj Kumar Rohilla had filed a complaint against BSNL, stating that the company was unnecessarily disturbing him and disrupting his privacy by not stopping promotional messages on his mobile.

He stated that despite prevailing DND service, he has been receiving promotional messages, one of the senders being HP-Yojana. He further averred that when he dialled the common customer care number, the Executive refused to register his complaint saying BSNL can't do anything if such promotional message is not sent by BSNL itself.

He argued that this is a clear proof of deficiency in service o BSNL as also violation of TRAI Rules and Regualtions.

The Company on the other hand submitted that the sender of promotional messages is HP-Yojana and that has nothing to do with BSNL. It further stated that the NCPPTRAI Portal has stared DND preferences and the same being initiated and maintained by TRAI, BSNL has no liability in this case.

It further submitted that the complainant had dialled the common customer care number which was started by TRAI.

The plea of BSNL however, did not find favour with the Court with opined reason that the TRAI is the Regulatory Authority, established only for the purpose of regulating telecom communication services providers.

It observed,

"BSNL is the basic cellular telephone service provider and commercial messages are also coming on the mobile number registered with the BSNL. Therefore, once the applicant has tried to lodge a complaint on the customer care number provided by the BSNL 1909, which is provided to facilitate the customers on 24 hours x 7 days basis throughout the year, it was incumbent upon the respondent to immediately register the complaint of the applicant, if there was some violation of rules etc., on the part of any person who has been sending unsolicited commercial communication to the customer and the applicant in the present case has been receiving these calls despite the fact that he has registered his mobile number as DND."

The Court further noted that as per Chapter-IV, Clause-D of Regulation-8 of "Code of Practice for Unsolicited Commercial Communications Detection (Cop UCC-Detect)"— it is the function of the access providers to detect telemarketing through unsolicited commercial communication calls after handling/attending the complaint by registering it in the system to facilitate its customer to avoid infringement of his privacy.

It held that BSNL has failed to perform its duty in this regard and therefore, it is liable to compensate the Complainant by payment of Rs. 30,000/-. It also awarded compensation for Rs. 5,000/- towards mental harassment and Rs. 2000/- as litigation charges.

The Court has also asked BSNL to immediately stop sending unsolicited commercial messages to the Complainant to avoid further mental harassment and infringement of his right to privacy.

Case Title: Manoj Kumar Rohilla v. General Manager, BSNL & Anr.

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