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Procedure to Appeal to Appellate Authority
Appeal to appellate authority for redressal of consumer grievances:

(1) In case a consumer is not satisfied with the redressal of his grievance by the Nodal Officer, or his complaint remains to be redressed or no reply is received within the period of ten days of the registration of the complaint by the Nodal Officer or three days of the registration of complaint by the Nodal Officer relating to fault or disruption of service or disconnection such consumer may, in writing, make an appeal to the appellate authority of the concerned Circle.

(2) Every appeal to the appellate authority under sub-para (1) shall be made in duplicate, in this Form.

(3) Every appeal under sub-para (1) shall be filed within three months after the expiry of the time limit specified in within the period of ten days of the registration of the complaint by the Nodal Officer or three days of the registration of complaint by the Nodal Officer relating to fault or disruption of service or disconnection:

Provided that the appellate authority may entertain any appeal after the expiry of the said period of three months but before one year from the time limit of ten days of the registration of the complaint by the Nodal Officer or three days of the registration of complaint by the Nodal Officer relating to fault or disruption of service or disconnection if it is satisfied that there was sufficient cause for not filing it within that period.

(4) Every Telecom Circle/Telephone District shall make available to the consumer the Form of appeal free of charge:
   (a) At its every office and sales outlets, and at every office of the Nodal Officer and the appellate authority;
   (b) At its website for download by consumers.

3.1 Disposal of appeal by appellate authority.

   (1) The appellate authority shall ensure uniformity in the procedure for deciding appeals and comply with the provisions contained in succeeding paras.
   (2) The secretariat of the appellate authority shall:-

     (a) Register every appeal immediately on receipt of the same and send, within three days of receipt of the appeal, an acknowledgement to the appellant indicating the serial number of the appeal registered;
    (b) Forward, within six days from the date of receipt of an appeal, a copy of the appeal to the concerned Section of the Circle office and/or the concerned SSA head and/or the concerned Nodal Officer;

(3) The concerned Section of the Circle office and/or the concerned SSA head and/or the concerned Nodal Officer, shall, within fifteen days from the date of receipt of the appeal forwarded by the Secretariat of the Appellate Authority file in writing its reply;

(4) In case the concerned Section of the Circle office and/or the concerned SSA head and/or the concerned Nodal Officer fails to file its reply within the period specified the appellate authority shall proceed on the basis of the material available on record;

(5) The appellate authority may call for, any information, document or record, from the concerned Section of the Circle office and/or the concerned SSA head and/or the concerned Nodal Officer or the appellant, which may be relevant and necessary for examination and disposal of the appeal, as the case may be;

(6) The concerned Section of the Circle office and/or the concerned SSA head and/or the concerned Nodal Officer and the appellant, shall provide such information, document or record as the appellate authority may call for;

Provided also that in case a party to the case fails to furnish such information, document or record, the appellate authority, on being satisfied that the party in possession of the record is withholding it, it may decide the appeal after appraising the material available on record and decide the appeal to the best of its judgment on merits.
(7) The appellate authority shall, on receipt of the reply from concerned Section of the Circle office and/or the concerned SSA head and/or the concerned Nodal Officer and on the basis of information, document or record under the para above from and after conducting such inquiry as the appellate authority may consider necessary, and after affording reasonable opportunity of hearing to the parties, dispose of the appeal by passing an order in writing and stating therein the points for determination, the decision thereon and the reasons for the decision;

(8) The appellant, being consumer, may, either appear in person or authorize any of his representative to present his case or send his representation with a request to dispose of the appeal, without being present in person;

(9) The concerned Section of the Circle office and/or the concerned SSA head and/or the concerned Nodal Officer may authorize one or more of its officers or employees to present its case;

Provided that in case the service provider fails to present its case before the appellate authority on the date fixed for hearing, the appellate authority may proceed ex-parte and decide the appeal on merits.
(10) The appellate authority shall decide every appeal within three months from the date of filing the appeal and pass order in accordance with the provisions of sub para-7 above;

(11) The order of the appellate authority shall be communicated in writing within seven days of the order to the appellant and the concerned Section of the Circle office and/or the concerned SSA head and/or the concerned Nodal Officer;

(12) The concerned Section of the Circle office and/or the concerned SSA head and/or the concerned Nodal Officer shall, within fifteen days from the date of receipt of the order referred to above, comply with the order of the appellate authority and report immediately compliance thereof to the appellate authority;

(13) The appellate authority may decide any appeal with the consent between the parties at any stage of the proceedings and such appeal shall be treated as decided with the mutual consent of the parties.

 
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