Section 3

Excess Amount collected by service providers from the subscribers to be transferred to the Telecommunication Consumers Education and Protection Fund in certain cases


(1) Without prejudice to any order or direction of the Appellate Tribunal or any court or other tribunal or any other provision of the Act or any other law for the time being in force, every service provider, who has collected from its subscribers any amount in excess of,-



(i) the rates of telecommunication service determined under any regulation or order or direction made under the Act, in a case where the rates have been determined and notified under subsection (2) of section 11 of the Act; or



(ii) the rates announced by the service providers, in a case where the rates have been notified as rates under market forbearance under sub-section (2) of section 11 of the Act,



which has not been refunded to the concerned subscribers and lying as unclaimed with the service providers ,



shall,-



(a) in a case where a direction has been made by the Authority under section 13 or any other provisions of the Act, within a period of thirty days, after being so directed, transfer the excess amount so collected to the credit of the Telecommunication Consumers Education and Protection Fund; or



(b) in case where no direction has been made by the Authority under section 13 or any other provisions of the Act, within a period of thirty days, after expiry of twelve months from the date on which such amount became due for refund (including interest thereon, if any,) or after the expiry of the period of limitation specified under any law for the time being in force for refund of such amount, whichever is later, transfer the excess amount so collected to the credit of the Telecommunication Consumers Education and Protection Fund.



(2) Any amount referred to in sub-clauses (i) and (ii) of sub-regulation (1) (including interest thereon, if any,) which had not been refunded to the concerned subscribers and lying as unclaimed, before the commencement of these regulations, with the service provider, for a period of twelve months, or more, from the date on which such amount became due for refund to the subscribers, or, after expiry of period of limitation specified under any law for the time being in force, whichever is later, shall, within thirty days after such commencement, be transferred to the credit of the Telecommunication Consumers Education and Protection Fund:



Provided that such service provider shall not transfer such amount to the credit of the Telecommunication Consumers Education and Protection Fund collected, whether before or after the commencement of these regulations, in excess of the rates referred to in sub-clause (i) or sub-clause (ii) of sub-regulation (1), in respect of which,-



(i) a claim has been filed, under the Consumer Protection Act,1986 (68 of 1986) or before any court or tribunal, by a subscriber; or



(ii) an order has been made under the Consumer Protection Act,1986 or an order has been made by any court or tribunal ,



and such amount shall be refunded to the subscribers in accordance with the order, made under that Act, or, of the court or tribunal, as the case may be.



(3) The service provider shall, while making any transfer of the amount under sub-regulation (1) or sub-regulation (2),-



(a) keep records of all such particulars relevant and as may be considered necessary by it for transfer of such money in respect of all sums included in such transfer;



(b) furnish to the Authority, within fifteen days of transfer of such amount, a statement indicating therein the nature of all sums included in such transfer and such other details as may be relevant for transfer of such amount.