No Unsolicited Calls to Mobile Phones in India

The Delhi High Court restrained telemarketers from making unsolicited calls to mobile phone users, irrespective of the fact whether or not they are registered with the DND facility.

60 lakh register Nearly 60 lakh mobile subscribers have enrolled with the National-Do-Not-Call (NDNC) registry within just 10 days of its launch to avoid getting unsolicited sales calls from telemarketers.

A bench comprising Justice Tirath Singh Thakur and Justice Kailash Gambhir said if any telemarketer continues with such activities it would be illegal and the consumers can move against telecom companies in the consumer court. The court passed the order on a contempt petition filed by one Nivedita Sharma saying she had been getting unsolicited calls despite a consumer court order.

The High Court, had, however, earlier stayed the consumer court order, which imposed an exemplary fine of Rs 50 lakh on Airtel and the Cellular Operators Association of India (COAI) for “failure” to stop “unnerving unsolicited” calls and SMS by telemarketing and banking companies to mobile phone users.

The consumer court had also imposed a penalty of Rs 12.5 lakh each on ICICI and the American Express Bank for causing “immense nuisance” by making unsolicited communications such as SMS.

The high court said such calls should not be made to any consumer irrespective of whether one is registered with “do not disturb” (DND) registry as recommended by telecom regulator TRAI.

The DND facility has come into effect from September 1. Sharma had filed a complaint against Airtel, ICICI and American Express Bank alleging she had been receiving unsolicited calls and SMS on her mobile number.