New Delhi: Telecom tribunal TDSAT has dismissed the petition of Tata Teleservices (TTSL) against a DoT order imposing penalty on a dispute over certain spectrum charges.
"In the facts and circumstances of the case, we are of the opinion that the action on the part of the respondent (DoT) being bonafide, no case has been made out for initiation of a proceeding under Section 20 of the TRAI Act," an order by a TDSAT bench headed by its Chairman Justice S B Sinha said.
The Tata group firm had alleged that DoT order was not in compliance with the Telecom Disputes Settlement and Appellate Tribunal's (TDSAT) order of 2010 passed on tariff dispute on usage of MWA and MWBB spectrum for Andhra Pradesh circle.
The tribunal said its earlier order cannot be applied for the tariff dispute of Mumbai and Maharashtra circle.
"The remedy of the Petitioner (Tata Tele), if any, is to file a fresh Petition," it added.
TTSL had filed the petition seeking implementation of TDSAT's order passed on August 25, 2010 for the demands and penalty imposed on it for the Mumbai circle and the Maharashtra circle by DoT.
TTSL had contended that the compound interest imposed on penal ground for MWA and MWBB spectrum use was not only contrary to the TDSAT's earlier judgement but also against another order passed by the tribunal on September 2009.
However, it was opposed by the Department of Telecom (DoT) contending that the earlier order was for the AP circle and as per the orders of the TDSAT, it has scrupulously complied by its directions. A joint statement was also made before TDSAT after reconciling their accounts.