(22 November 2007 5:25 pm)

NEW DELHI: The Telecom Disputes Settlement Appellate Tribunal (Tdsat) has imposed a fine of Rs 50,000 on Star India for refusing to comply with its earlier order of restoring signals to Chandigarh MSO (multi-system operator) Sky Vision.

"The non-compliance of order of this Tribunal in my view is clearly willful. In spite of being given another opportunity for compliance, respondent (Star India) has not done it. The respondent will pay a fine of Rs 50,000 for this non-compliance," Justice Arun Kumar, Chairperson of Tdsat, said.

The amount is to be deposited in the registry of the tribunal by 24 November.

Star had disconnected the MSO on grounds of "inaccurate subscriber base" and "hence non-payment of dues," which according to them ought to be much higher than what Sky Vision was paying.

But on 31 October, Tdsat had issued an interim order that Star should re-connect the MSO on the basis of a provisional subscriber base of 4,500. Star did not do so.

In its order, the tribunal observed on Wednesday: "Subscriber base was to be finally determined by this Tribunal after conclusion of joint survey about subscribers which is going on in the area by the parties.

"The said order was not complied with by the respondent and the matter came up again before this Tribunal on 14.11.07 when again a direction was issued to the respondent to comply with the order regarding supply of signals within two days of the order dated 14.11.07.

"Today, it is one week since the passing of the last order and the same has not been complied with. The petitioner has moved this application (M.A.No.153 of 2007) complaining about non-compliance of orders regarding supply of signals.

"The respondent is now directed to comply with the order regarding supply of signals within 24 hours.

"The non-compliance of order of this Tribunal in my view is clearly wilful. In spite of being given another opportunity for compliance, respondent has not done it. The respondent will pay a fine of Rs.50000/- for this non-compliance of the above referred orders of this Tribunal.

"Fine to be deposited within three days in the Registry of this Tribunal."

The matter will come up again on 11 December. The tribunal had to intervene because of the MSO's second complaint in a month of Star's non-compliance.

It may be noted that the Tdsat has been very strict in ensuring that its interim orders are complied with and has repeatedly stressed that non-compliance will not be tolerated.