Detailed caller information of telephone incoming calls on appellant’s Airtel mobile &and the charges deducted for attending the pesky incoming calls - CIC: PIO (DoT) is directed to provide the information sought by the appellant

Information sought:-The appellant has sought the following information:-

Question 1

Provide information in light of local, national and international calls from unknown numbers, who troubles the personal telephone users:-

(a) Is there any charges will be deducted from customer mobile phones and land line telephones on attending such incoming pesky calls from unknown number?

(b) Whether DoT has created any mechanism to monitor such pesky incoming calls?

(c) If a mobile or landline customer receives such repeated pesky calls, whom to report? Who is responsible for monitor for monitor such pesky calls, Service provider or DoT, provide the details of complaint handling officer?

(d) Whether, mobile/land line user has the rights to know the customer details of such incoming pesky calls information on demand from service provider? If not so, Why?

(e) The pesky incoming calls are troublesome to users due to more repeated calls in awkward time to attend calls. Even attended the calls, the calls are blank and no answer from the other end. As a customer, we have rights to demand from Service provider to know who is calling from such repeated pesky calls. Whether service provider should verify the repeated incoming calls to user and provide the details of caller information on demand or not?

(f) Service providers are advising to file an FIR with local police station for such repeated pesky calls. Whereas, the pesky call origination numbers are varying for every couple of days after repeated calls. In this scenario, complaints to local police station would not make sense. What are the guidelines of DoT to handle such scenario to citizen of India?

Question 2

Provide the following information regarding pesky calls received from +918049309100, +918049309800, +918746891734, +919663184622, +923354940231, +918049309600, +918049309000 and +918049309400 to my AIRTEL pre-paid mobile 9972150098:-

(a) Is there any centralized complaint booking mechanism is created among the Indian service providers to identify and block such pesky originating calls by DoT as a permanent cure to such incoming pesky calls? If not so, Why?

(b) Provide information on any charges for attending these pesky incoming calls during 01 Jun 2013 to 15 Jun 2013 has been deducted from my mobile 9972150098 as the same is not provided by service provider on my repeated demand vide emails 02 Jun 2013 to 13 Jun 2013 to AIRTEL?

(c) Provide the detailed caller information of telephone incoming calls originated from the above said numbers on my mobile number 9972150098 being my rights to know, who is called my personal mobile number so frequently and troubled my routines?

(d) Is there any complaint lodged / registered against the said numbers by DOT in past 2 years, for making pesky calls with motivated interest?

(e) Whether service providers are recording records of all kind of outgoing and incoming calls at their records against all mobile numbers? If So, what is the retention period of such records? Is there any DOT guidelines are exists on this? If so, provide the copies of such orders?

(f) Who, the service provider or DOT responsibility to investigate on pesky calls against complaints received from user?

Grounds for the Second Appeal: The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing: The following were present

Appellant: Absent Respondent: Mr. Surendran CPIO Bangaluru (M: 09448010104) through VC and Mr. Prashant Verma PIO & Mr. Paramjeet Chadha CPIO’s representative DoT and Mr. V K Saxena, CPIO Mr. S K Gupta & Mr. Tarun Kumar TRAI.

The appellant has sent a mail dated 12/01/2015 stating that due to unavoidable situation he is unable to attend the hearing and the matter may be decided based on his written arguments. The CPIO TRAI stated that the information sought, as available on record with them, has been provided vide letter dated 29/07/2013. It is seen from the appellant’s mail dated 12/01/2015 that he is seeking information sought under para 2(b), (c), (d) & (e) of his RTI application dated 16/06/2013. The CPIO DoT Bangaluru stated that as per the DoPT guidelines dated 16/09/2011 he is not required to provide information which is not available with him or that which he does not collect.

Decision notice:

The CPIO DoT Bangaluru’s submissions that he is not required to provide information which is not available with him or that which he does not collect is erroneous. Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the Right to Information Act defines “Information” to mean, inter alia, any information relating to any private body which can be accessed by Public Authority under any law for the time being in force. The Hon’ble Supreme Court in its decision dated 07/10/2013 (Civil Appeal No. 9017 of 2013- Thalappallam Ser. Coop. Bank Ltd. & Ors. vs. State of Kerala) has clarified the law holding as follows:-

“52. Registrar of Cooperative Societies functioning under the Cooperative Societies Act is a public authority within the meaning of Section 2(h) “public authority” means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; of the Act. As a public authority, Registrar of Co-operative Societies has been conferred with lot of statutory powers under the respective Act under which he is functioning. He is also duty bound to comply with the obligations under the RTI Act and furnish information to a citizen under the RTI Act. Information which he is expected to provide is the information enumerated in Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act subject to the limitations provided under Section 8 of the Act. Registrar can also, to the extent law permits, gather information from a Society, on which he has supervisory or administrative control under the Cooperative Societies Act. Consequently, apart from the information as is available to him, under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; , he can also gather those information from the Society, to the extent permitted by law…………………………………………….…… only those information which a Registrar of Cooperative Societies can have access under the Cooperative Societies Act from a Society could be said to be the information which is “held” or “under the control of public authority”…………….”

In view of the foregoing the CPIO DoT Bangaluru is directed to provide the information sought by the appellant under para 2(b), (c), (d) & (e) of his RTI application dated 16/06/2013 within 30 days from the date of receipt of this order. The appeal is deposed of accordingly.

BASANT SETH

Information Commissioner

Citation: Mr. Anand Nallan v. Department of Telecommunication in File No. CIC/BS/A/2014/000282/6746