BHARAT SANCHAR NIGAM LIMITED versus VODAFONE ESSAR GUJARAT LIMITED

BHARAT SANCHAR NIGAM LIMITED versus VODAFONE ESSAR GUJARAT LIMITED

BSNL cannot levy highest applicable IUC charges for calls without or invalid CLI in absence of a contractual stipulation in the interconnect agreement or a regulatory provision; unilateral circulars do not ipso facto become contract terms and TRAI directives specifically prohibit accepting calls without CLI and...

Source-derived case information.

Parties
Appellant: Bharat Sanchar Nigam Limited; Respondent: Vodafone Essar Gujarat Limited
Jurisdiction
India
Judgment Date
23 September 2016
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed in BSNL v. Vodafone Essar Gujarat Ltd.; related appeals partly allowed/dismissed according to respective periods and contractual amendments.
Legal Topics
Interconnect Usage Charges, Caller Line Identification (cli) Tampering, Telecom Regulatory Authority Directions, Contractual Interpretation
Telecommunications Interconnect Usage Charges Caller Line Identification (cli) Tampering Telecom Regulatory Authority Directions Contractual Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bharat Sanchar Nigam Limited

Appellant

Vodafone Essar Gujarat Limited

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether BSNL could levy highest applicable IUC charges for alleged tampering with CLI under Clause 11 of circular dated 28.01.2004
  2. 2 Whether unilateral circulars by BSNL become part of interconnect agreements
  3. 3 Validity of demands for calls without or invalid CLI based on contractual/regulatory provisions

Ratio Decidendi

BSNL cannot levy highest applicable IUC charges for calls without or invalid CLI in absence of a contractual stipulation in the interconnect agreement or a regulatory provision; unilateral circulars do not ipso facto become contract terms and TRAI directives specifically prohibit accepting calls without CLI and charging at highest rate in such circumstances.

Court Disposition

Appeal dismissed in BSNL v. Vodafone Essar Gujarat Ltd.; related appeals partly allowed/dismissed according to respective periods and contractual amendments.

Orders

  • Demand raised by BSNL for highest slab IUC charges for calls without/invalid CLI set aside for periods before contractual amendment; liability for trunk group violation for period 21.07.2004 to November 2004 upheld for Bharti Airtel; demand for Tata Teleservices for period May 2003 to November 2003 set aside, but...