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Judgment
Heard learned counsel for the petitioner and learned counsel for the respondent in the light of the last order passed on 2.2.2022. In that order this Tribunal has recorded the relevant facts to come to a conclusion that petitioner was in violation of an undertaking given to the Tribunal that it shall pay the lawful dues of the respondent on account of carriage of its channels on respondent’s platform in terms of the RIO based agreement for carriage with due regard to the Regulations and in the tariff order. The undertaking of the petitioner was to pay the amount due as per law and that invoice shall be paid immediately. In case of default this Tribunal would pass necessary orders at the instance of the respondent.
The Tribunal by the last order invoked the undertaking and directed the petitioner to pay the dues of respondent for the months of December, 2021 and January, 2022 within two weeks. Such payment has been made subject to result of decision in this petition and particularly to the decision in M.A. No. 44 of 2022.
The above direction of the Tribunal issued on 2.2.2022 has not been complied and this is admitted by learned counsel for the petitioner. He wants to give various reasons for not complying with the said directions.
In the facts of the case the reasons, if found good, may entitle the petitioner to refund or adjustment of the whole or part of that amount but any reason cannot absolve the petitioner of violation of the last order which was unconditional. Hence, the petitioner is found to be in deliberate dis-regard of the aforesaid direction to pay the amount of Rs. 28,32,000/- which is the invoiced amount for the months of December, 2021 and January, 2022.
Learned counsel for the respondent has pressed for imposing penalty for such dis-regard as noted above.
Since the petitioner has not sought extension of the time and has shown no intention to comply with the said order, no purpose will be served by granting further opportunity. Hence the petitioner is liable to be punished under Section 20 of the TRAI Act. For first default the aforesaid provision permits imposition of fine which may extend to Rs. 1 Lakh. The fine could be upto Rs. 2 Lakhs for the second or subsequent offence. At this juncture petitioner is held liable to pay fine of Rs. 50,000/- payable to the account of Registrar, TDSAT within two weeks.
In case the invoiced amount indicated above is not paid to the respondent within one month from today, the respondent will be at liberty to bring this fact to the notice of this Tribunal by filing appropriate application for execution and/or under Section 20 of the TRAI Act and on that this Tribunal may proceed in accordance with law to decide what should be the penalty for the second or subsequent offence and/or for execution.
Post the matter under the same head on 27.4.2022.