Karnataka HC Dismisses Plea To Stop Telemarketers From Creating Subscriber Records For Sending Unsolicited Commercial Communications

The Court was hearing a Writ Petition seeking directions to respondent- TRAI to take urgent steps to prevent telemarketers from creating fake records, electronic or otherwise, to include the names of telecom subscribers in the list of numbers to whom they intend to send UCCs by providing for stringent punishment for such fraudulent practices.

The bench of Justice M.G.S. Kamal observed, “He is also unable to point out the contractual obligation which his service provider owes to him, warranting any interference under Article 226 of the Constitution of India.”

Advocate Vijaya Belavadi appeared for the Respondent.

Brief Facts-

The Petitioner who is a customer of Respondent No 6-Reliance Jio Infocomm Limited, purchased a prepaid SIM card and requested to have his number placed under the 'Fully Blocked Category' to avoid unwanted calls. He continued to receive unsolicited commercial communications (UCC) against which he regularly filed complaints with Respondent No.6. The Petitioner was informed via email from Respondent No.2-Bharath Sanchar Nigam Limited that he had fraudulently opted to receive UCC from Respondent No.3. The petitioner issued legal notices to the respondents, however, due to their inaction, he approached the Court with the current Writ Petition.

The Court said that the party-in- person is unable to point out either from the petition averments or the documents enclosed therewith as to his constitutional or contractual rights, which according to him, have been breached by any of the respondents.

Accordingly, the Court dismissed the Petition.