TDSAT directs ZEEL, Kal Cables to complete reconciliation of accounts in one week

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed broadcaster ZEEL and multi-system operator (MSO) Kal Cables to complete reconciliation of accounts in one week.

Hearing the parties on 29th November, the tribunal noted that there appears to be a serious dispute whether the debit notes on 10th October 2019 were served on the MSO or not.

Kal Cables’ case is that these were not served and therefore enhanced demand should not have been included as outstanding arrears in the impugned disconnection notice issued on 11th October 2019. The basis of grievance is that under the agreement a demand is generally required to be paid within a reasonable time such as 15 days.

The tribunal noted that it has already granted interim relief to the MSO on certain conditions. The amount covered by the debit notes has not been paid by the MSO because as per interim order it was required to be paid only the provisional invoiced amount.

It further stated that there are two courses of action available in this petition. First is to allow ZEEL to serve a copy of the duplicate debit notes and grant a reasonable time of a week or so for reconciliation of accounts on the basis of provisional invoice and the final amount calculated in the light of debit notes and grant a reasonable time to make the payment of the amount found due on the basis of debit notes or on reconciliation.

The other option is to quash the disconnection notice and leave the parties to follow the course of action by permitting the petitioner to file its objection to the debit notes and permit for reconciliation, if required, copies of debit notes are already on record along with the reply.

The counsel for Kal opted the first course of action and the broadcaster also has no objection.

“Now when the copies of debit notes are available through the reply, petitioner and respondent shall complete the exercise of reconciliation by sitting together within a week from today,” TDSAT said in its order.

The tribunal said that the amount emerging as payable by the MSO shall be communicated again by the broadcaster through email or any other means which shall be paid within 15 days or else the MSO would be at liberty to challenge the same by filing an M.A.

But in the eventuality payment is not made within the time of 15 days, ZEEL would be at liberty to disconnect without the necessity of a fresh notice.

The matter has been posted under the same head on 23rd December 2019.

Kal had moved TDSAT against disconnection notice issued by ZEEL. The MSO has already paid outstanding dues to the tune of Rs 10.79 crore.