Chapter 7 · Appeal & Alternate Dispute Resolution
Section 29 - Appeal to Appellate Tribunal
Challenging the Board's ordersIf you are unhappy with a Board order, you can appeal to the Appellate Tribunal - the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
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If you are unhappy with a Board order, you can appeal to the Appellate Tribunal - the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). You have sixty days to file, extendable for good reason. The Tribunal hears both sides and can confirm, modify or set aside the order, and aims to decide within six months. Its proceedings are meant to be digital.
Key points
- Appeals against Board orders go to the Appellate Tribunal (TDSAT).
- File within sixty days, extendable for sufficient cause.
- The Tribunal can confirm, modify or set aside the order.
- It endeavours to dispose of appeals within six months; proceedings are digital.
Official section text
Section 29. Appeal to Appellate Tribunal.
Any person aggrieved by an order or direction made by the Board under this Act may prefer an appeal before the Appellate Tribunal.
Every appeal under sub-section (1) shall be filed within a period of sixty days from the date of receipt of the order or direction appealed against and it shall be in such form and manner and shall be accompanied by such fee as may be prescribed.
The Appellate Tribunal may entertain an appeal after the expiry of the period specified in sub-section (2), if it is satisfied that there was sufficient cause for not preferring the appeal within that period.
On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.
The Appellate Tribunal shall send a copy of every order made by it to the Board and to the parties to the appeal.
The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date on which the appeal is presented to it.
Where any appeal under sub-section (6) could not be disposed of within the period of six months, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period.
Without prejudice to the provisions of section 14A and section 16 of the Telecom Regulatory Authority of India Act, 1997, the Appellate Tribunal shall deal with an appeal under this section in accordance with such procedure as may be prescribed.
Where an appeal is filed against the orders of the Appellate Tribunal under this Act, the provisions of section 18 of the Telecom Regulatory Authority of India Act, 1997 shall apply.
In respect of appeals filed under the provisions of this Act, the Appellate Tribunal shall, as far as practicable, function as a digital office, with the receipt of appeal, hearing and pronouncement of decisions in respect of the same being digital by design.