Friday, April 24, 2015

Farmer Life development in India

Farmer Life in India 
Suggestion to PM of India
To develop agriculture and good farmer life

PG Ref: MINWR/E/2015/00175- Ministry of Water Resources
Ministry's letter No. 11011/02/2015-Coord dated 19.05.2015.

Matter Forward  to Department of Agriculture and Cooperation, NWDA and MI(Div.), MoWR, RD and GR.  for appropriate action,


1. Why does farmer going for suicide?
2. Most cases: farmer majdoor  who don't have own field going for suicide in case of climate disaster, & they have big loan from  local sahukar.
3. Uncertainty in farmer life is big reason for this failure
4. farmer in trouble in 2 cases .
a) Due to lack of water
b) Croup is good but due to lack of cold storage
5. Sukha is big issue in cropping
6. Electricity Problem
7. Over water flood

Request to PM of India to bring some concrete step to save farmer life

Critical Feedback : 

Government official need to take to some good stem to solve farmer problem  

"The feet of a protestor are displayed as other stand in water during the ‘Jal Satyagraha’ or ‘insistence on truth by water’ at Ghogal village in Khandwa area, Madhya Pradesh, Friday. The protesters have been in water since Aug. 25 and are demanding compensation and rehabilitation for villagers whose homes will be submerged under water after opening the gates of the Omkareshwar dam in the state because of rise in water levels of the Narmada River (AP Photo)."

Sukha is big issue in cropping
Electricity Problem
over water flood
Natural disaster

Must watch these video: to know farmer situation in India

Suggestion/ Solution :

How can farmer life will be better in India

  1. As water way/ cannal  pass through across the India it will bring good cropping culture , good environment , low pollution and crop losses due to no water availability will be solve.
  2. Connecting river to save the water and life of farmer should be on top priority in government list.
  3. Most of river water will fall in sea and we are here talking about rain water harvesting, NGT  should take the lead to save the river water. 
  4. River connectivity will solve problem of power electricity through small hydro electricity generation and good for farmer, Villages.
  5. Pollution and environment will automatically will better due to good plantation and coping by availability of river water 
  6. Connecting river in India will help Indian Economy by boosting farmers, Tourism, Hotel Business, as well as by earning carbon credit. 
  7. Digital mapping of field and this will help planning in policies for all farmers for their child education, school, bank &  post office  farmer Loans, even for potential cold storages making , many more ….
  8. Pradhan Mantri Jan-Dhan Yojana help to trace individual majdoor farmer who do not have own field but face the loss due to climate /Natural disaster and  Government PMJDY make better policy for all Indian farmer and other struggling people to directly transfer the subsidy in to bank account.

Government Initiative

1. Bill for Declaration of 101 Waterways as National Waterways to be Introduced in Parliament 

2.     Pradhan Mantri Jan-Dhan Yojana (PMJDY) is National Mission for Financial Inclusion

3. MINWR/E/2015/00175- Ministry of Water Resources
Ministry's letter No. 11011/02/2015-Coord dated 19.05.2015.

Matter Forward  to Department of Agriculture and Cooperation, NWDA and MI(Div.), MoWR, RD and GR.  for appropriate action,

4. THE NATIONAL WATERWAYS BILL, 2015,%202015.pdf

5.  Letter from National Water Development Agency (NWDA)
     Ref : NWDA/113/55/ Tech /2015  Date : June 12, 2015

Monday, April 20, 2015

No more cheating in Insurance

Regularizing frame work of Insurance and Insurance Companies 

PG Ref: DEAID/E/2015/00466
Received by Insurance Division
Forward to for further action: Insurance Regulatory & Development Authority

Insurance companies rules and regulation is really not correct
Claim settlement amount is not up to the mark
General Public cheated by Insurance companies and at the last no public benefit to the general public due to  poor frame work and minimum amount payment.
Every places they have mention all things in there favor
IRDA have big responsibility to save consumer rights.

 Big Role need to be play by IRDA Insurance Regulatory and Development Authority of India in creating Minimum claim and regularizing terms and condition.

Request  to +pmoindia  to support Indian citizen and develop culture of service oriented mind set.

No more cheating in Insurance

poor claim amount due to poor regulation in India

same kind of issue with other insurance companies too.

Poor Compensation and real level terms and condition for claim amount  & waiting time terms deductible terms  regularizing framework required by IRDA
really big flaws in polices

Bajaj Allianz

Government Initiative:

1.   The Draft of IRDA (Protection of Policyholders Interest) Regulations, 2014

2. Important Point added in draft policy

ANNEXURE – IV ENFORCEMENT OF RIGHTS OF CONSUMERS For the purposes of this Annexure, “insurance service provider” means Insurers, insurance agents and insurance intermediaries and “insurance advisor” means an insurance service provider or its authorized representative who is eligible to solicit insurance under the extant regulatory framework. The insurance service providers and Insurance advisors shall secure the following Rights to Consumers: 1) Right To Professional Diligence a) “Professional diligence” means the standard of skill and care that an insurance service provider would be reasonably expected to exercise towards a consumer, commensurate with– i. Honest market practice; ii. The principle of good faith; iii. The level of knowledge, experience and expertise of the consumer; iv. The nature and degree of risk embodied in the insurance product or service being availed by the consumer; and v. The extent of dependence of the consumer on the insurance service provider b) Every insurance service provider shall ensure that any interaction that they have with consumers shall be carried out in good faith and in line with honest market practices. Every insurance service provider shall exercise professional diligence as explained above in their dealing with prospects and policyholders. 2) Right To Protection Against Unfair Contract Terms a) A contract term which is not contained in the insurance product documents approved by IRDA under the File and Use Guidelines relevant to the insurance product issued by IRDA from time to time shall be deemed to be an ‘unfair term’. Such an unfair term is void ab initio. b) Subject to (a) above, an unfair term in a non-negotiated insurance contract will be void. c) A term is unfair if it i. causes a significant imbalance in the rights and obligations of the parties under the insurance contract, to the detriment of the consumer; and ii. is not reasonably necessary to protect the legitimate interests of the insurance service provider. d) The factors to be taken into account while determining whether a term is unfair include i. the nature of the insurance product or service dealt with under the insurance contract; ii. the extent of transparency of the term; iii. the extent to which the term allows a consumer to compare it with other contracts for similar products or services; and iv. the contract as a whole and the terms of any other contract on which it is dependent. e) IRDA, from time to time, would give illustrative list of terms which are considered unfair. f) A term is transparent if it i. is expressed in reasonably plain language that is likely to be understood by the consumer; 11 ii. is legible and presented clearly; and iii. is readily available to the consumer affected by the term g) A non-negotiated contract means a contract whose terms are not negotiated between the parties to the contract and includes i. A contract in which, relative to the consumer, the insurance service provider has a substantially greater bargaining power in determining the terms of the contact; and ii. A standard form contract. i.e. a contract that is substantially non-negotiable for the consumer, except for the terms contained in item h below h) Even if some terms of an insurance contract are negotiated in form, the insurance contract may be regarded as non-negotiated contract if so indicated by – i. An overall and substantial assessment of the contract and ii. The substantial circumstances surrounding the contract i) In a claim that an insurance contract is a non-negotiated contract, the onus of demonstrating otherwise shall be on the insurance service provider. j) If a term of contract is determined to be unfair, the parties will continue to be bound by the remaining terms of the insurance contract to the extent that the insurance contract is capable of enforcement without the unfair term. k) The protection against unfair contract terms contained above does not apply to a term of an insurance contract if it — i. defines the subject matter of the contract; ii. sets the price that is paid, or payable, for the provision of the insurance product or service under the contract and has been clearly disclosed to the consumer Provided the term does not deal with payment of an amount which is contingent on the occurrence or non-occurrence of any particular event; or iii. is required, or expressly permitted, under any law or regulations 3) Right to Protection Against Unfair Market Conduct a) Unfair conduct in relation to insurance product or service is prohibited. b) Unfair conduct means an act or omission by an insurance service provider or its financial representative that significantly impairs, or is likely to significantly impair, the ability of a consumer to make an informed transactional decision and includes i. Misleading conduct; ii. Abusive conduct; and iii. Such other conduct as may be specified. c) Misleading conduct - Conduct of an insurance service provider or its financial representative in relation to a determinative factor is misleading if it is likely to cause the consumer to take a transactional decision that the consumer would not have taken otherwise, and the conduct involves i. Providing the consumer with inaccurate information or information that the insurance service provider or financial representative does not believe to be true; or ii. Providing accurate information to the consumer in a manner that it is deceptive. Explanation: In determining whether a conduct is misleading, the following factors must be considered to be "determinative factors" — · the main characteristics of the insurance product or service, including its features, benefits and risks to the consumer; · the consumer's need for a particular insurance product or service or its suitability for the 12 consumer; · the consideration to be paid for the insurance product or service or the manner in which the consideration is calculated; · the existence, exclusion or effect of any term in an insurance contract, which is material term in the context of that financial contract; · the nature, attributes and rights of the insurance service provider, including its identity regulatory status and affiliations; and · the rights of the consumer under any law or regulations. d) Abusive conduct: Conduct of an insurance service provider or its financial representative in relation to an insurance product or service is abusive if it – i. involves the use of coercion or undue influence; and ii. causes or is likely to cause the consumer to take a transactional decision that the consumer would not have taken otherwise. Explanation: In determining whether a conduct uses coercion or undue influence, the following must be considered — · the timing, location, nature or persistence of the conduct; · the use of threatening or abusive language or behaviour; · the exploitation of any particular misfortune or circumstance of the consumer, of which the insurance service provider is aware, to influence the consumer's decision with regard to the insurance product or service; · any non-contractual barriers imposed by the insurance service provider where the consumer wishes to exercise rights under a contract; and · a threat to take any action, depending on the circumstances in which the threat is made. e) Protection From Conflict of Interest of Advisors: To ensure that the interests of consumers take precedence over that of financial service provider 4) Right To Protection of Personal Information a) ‘Personal information’ means any information that relates to a consumer or allows a consumer’s identity to be inferred, directly or indirectly, and includes – i. name and contact information; ii. biometric information, in case of individuals; iii. information relating to transactions in or holdings of financial products iv. information relating to use of insurance products and services v. such other information as may be specified like information relating to personal health, income, assets etc. b) An insurance service provider must — i. not collect personal information relating to a consumer in excess of what is required for the provision of a insurance product or service; ii. maintain the confidentiality of personal information relating to consumers and not disclose it to a third party, except in a manner expressly permitted herein. iii. make best efforts to ensure that any personal information relating to a consumer that it holds is accurate, up to date and complete; iv. ensure that consumers can obtain reasonable access to their personal information, subject to any exceptions that may be specified by IRDA; and 13 v. allow consumers an effective opportunity to seek modifications to their personal information to ensure that the personal information held by the insurance service provider is accurate, up to date and complete. c) An insurance service provider may disclose personal information relating to a consumer to a third party only if — i. it has obtained prior written informed consent of the consumer for the disclosure, after giving the consumer an effective opportunity to refuse consent; ii. the consumer has directed the disclosure to be made; iii. the disclosure is directly related to the provision of the insurance product or service to the consumer, if the insurance service provider — · informs the consumer in advance that the personal information may be shared with a third party; and · makes arrangements to ensure that the third party maintains the confidentiality of the personal information in the same manner as required herein; iv. the disclosure is made to protect against or prevent actual or potential fraud, unauthorised transactions or claims, if the insurance service provider arranges with the third party to maintain the confidentiality of the personal information in the manner required herein; v. IRDA has approved or ordered the disclosure, and unless prohibited by the relevant law or regulations, the consumer is given an opportunity to represent under such law or regulations against such disclosure; or vi. the disclosure is required under any law or regulations, and unless prohibited by such law or regulations, the consumer is given an opportunity to represent under such law or regulations against such disclosure; d) For the purposes of this provision, ‘third party" means any person other than the concerned insurance service provider, including a person belonging to the same group as the insurance service provider. 5) Right To Requirement of Fair Disclosure a) An insurance service provider must ensure fair disclosure of information that is likely to be required by a consumer to make an informed transactional decision. b) In order to constitute fair disclosure, the information must be provided — i. sufficiently before the consumer enters into an insurance contract, so as to allow the consumer reasonable time to understand the information; ii. in writing and in a manner that is likely to be understood by a consumer belonging to a particular category; and iii. in a manner that enables the consumer to make reasonable comparison of the insurance product or service with other similar products or services. c) IRDA may specify the types of information that must be disclosed to a consumer in relation to an insurance product or service, which may include information regarding — i. main characteristics of the product or service, including its features, benefits and risks to the consumer; ii. consideration to be paid for the product or service or the manner in which the consideration is calculated; iii. existence, exclusion or effect of any term in the insurance product or financial contract; 14 iv. nature, attributes and rights of the insurance service provider, including its identity regulatory status and affiliations; v. contact details of the insurance service provider and the methods of communication to be used between the insurance service provider and the consumer; vi. rights of the consumer to rescind an insurance contract within a specified period; or vii. rights of the consumer under any law or regulations. d) An insurance service provider must provide a consumer who is availing an insurance product or service provided by it, with the following continuing disclosures — i. any material change to the information that was required to be disclosed at the time when the consumer initially availed the insurance product or service; ii. information relating to the status or performance of an insurance product held by the consumer, as may be required to assess the rights or interests in the insurance product or service; and iii. any other information that may be specified. e) A continuing disclosure must be made — i. within a reasonable time-period from the occurrence of any material change or at reasonable periodic intervals, as applicable; and ii. in writing and in a manner that is likely to be understood by a consumer belonging to that category. f) IRDA may specify— i. the nature of information that must be disclosed on a continuing basis to a consumer who has availed of a specified insurance product or service; ii. the time-period within which continuing disclosures of information are to be made for a specified insurance product or service; iii. circumstances in which the consumer will have a right to terminate the insurance contract upon a continuing disclosure being made; 6) Right To Receive Suitable Advice a) Every insurance advisor must i. make all efforts to obtain correct and adequate information about the relevant personal circumstances of a consumer; and ii. ensure that the advice given is suitable for the consumer after due consideration of the relevant personal circumstances of the consumer. b) IRDA would take into account the following factors in relation to (a) above — i. the extent to which the cost of seeking information about the relevant personal circumstances of consumers might restrict the access of consumers to the insurance product or service; and ii. sufficiency of the disclosures made under 5 above to allow consumers to assess the suitability of the insurance product or service for their purposes. c) If it is reasonably apparent to the insurance advisor that the available information regarding the relevant personal circumstances of a consumer is incomplete or inaccurate, the insurance advisor must warn the consumer of the consequences of proceeding on the basis of incomplete or inaccurate information. d) If a consumer intends to avail of an insurance product or service that the insurance advisor determines unsuitable for the consumer, the insurance advisor — i. must clearly communicate its advice to the consumer in writing and in a manner that is likely to be understood by the consumer; and 15 ii. may provide the insurance product or service requested by the consumer only after complying with clause (i) and obtaining a written acknowledgement from the consumer. e) IRDA may categorize certain consumers or class of consumers as retail consumers and specify the insurance products or services which may be provided to retail consumers or a class of retail consumers. f) IRDA may specify — i. the type of enquiries that need to be made to determine the relevant personal circumstances of retail consumer for an insurance product or service; or ii. that certain types of communications issued by an insurance service provider to a retail consumer would not constitute advice. 7) Protection From Conflict of Interest of Advisors a) An insurance advisor musti. provide a consumer with information regarding any conflict of interests, including any conflicted remuneration that the insurance advisor has received or expects to receive for making the advice to the consumer. This information shall be given to the consumer in writing and in a manner that is likely to be understood by the consumer and a written acknowledgement of the receipt of the information should be obtained from the consumer. ii. give priority to the interests of the consumer if the insurance advisor knows, or reasonably ought to know, of a conflict between — · its own interests and the interests of the consumer; or · the interests of the concerned insurance service provider and interests of the consumer in cases where the advisor is a representative of the insurance service provider. b) IRDA may specify i. the circumstances in which a benefit received by an insurance advisor would or would not be considered to be a conflicted remuneration; or ii. the nature, type and structure of benefits permitted to be received by an insurance advisor for an insurance product or service. c) "Conflicted remuneration" means any benefit, whether monetary or non-monetary, derived by an insurance advisor from persons other than consumers that could, under the circumstances, reasonably be expected to influence the advice given by the insurance advisor to a consumer.

Thursday, April 16, 2015

Malpractice by IRCTC / Indian Railway while cancel the train- Don’t pay taxes if government fails to curb corruption: HC

Don’t pay taxes if government fails to curb corruption: HC

Government intention is questionable

Karni or kathani me fark - desh nahi bikne dunga.

no action no correction on service tax scam on cancelled trains

Golmal By IRCTC / Indian Railway while cancel the train

IRCTC( Indian Railway Catering and Tourisium Corporation) or Indian Railway / Board  have to pay 10 time of ticket amount if train has been cancelled

  1. IRCTC only refunding ticket charges
  2. Service charges also need to be refund if irctc not able to delivered the service
  3. IRCTC portal charges need to be refund in case of train cancellation
  4. Bank gateway charges also need to be refund by irctc in case of train cancellation and falure of service by Indian railway 
  5. 10 time of penality have to be imposed on railway in case of train cancellation and they have to be pay 10 time of ticket amount to the customer . 
  6. IRCTC should beer direct and indirect cost due to failure in service delivery
Indirect Cost Bear by Passenger 

  1. Normally people have connecting train or journey and end customer need to be suffer, 
  2. Harassment at station for waiting next train  may be many hours 
  3. Tatkal charges  or Premium charges for next train ticket
  4. Hotel charges due to cancellation of train and wait for next train.

We do pay service tax to railway for offering good services. if train are running late then why does Penalty clause missing . 10 time of railway ticket amount should be paid by IRCTC for train late more than 3 hour.

Railway can not  be run away from their responsibility and there should be some penality on railway 

Case reference:  PNR Ref No : 2631805681 date 28 Mar 2015
Actual amount paid by passenger Rs 485/- + Rs 22.47 (service charge) + Rs 11 Bank Gateway charge= Total Rs 518

 Refund amount by IRCTC only Rs. 485/- ( PNR:- 2631805681 with Bank settlement ID- 323163856 on 30.03.2015. )

what about service charge + bank gateway charge and harassment faced by customer

Reference: PIB 14 Dec 2015

New Rules for Cancellation and Refund of Railway Tickets 

Under normal circumstances no refund is granted on confirmed, RAC and Waitlisted tickets after the departure of the train. 

With effect from 12.11.2015, certain provisions of Railway Passengers (Cancellation of tickets and refund of fare) Rules have been amended and comprehensive Railway Passengers (Cancellation of tickets and refund of fare) Rules 2015 have been notified through Gazette Notification G.S.R. 836(E). dated 04.11.2015. 

Important changes made in Railway Passengers (Cancellation of tickets and refund of fare) Rules are as under:- 

Refund on cancellation of unused confirmed tickets: 

(i) If confirmed ticket is presented for cancellation upto 48 hours before the scheduled departure of the train, per passenger minimum cancellation charge is levied 

. (ii). If confirmed ticket is presented for cancellation between 48 hours and upto 12 hours before the scheduled departure of the train, 25% cancellation charges is levied subject to minimum flat cancellation charge. 

(iii) If confirmed ticket is presented for cancellation between 12 hours and upto 4 hours before the scheduled departure of the train irrespective of distance, 50% cancellation charge is levied subject to minimum flat cancellation charge. 

(iv). Refund on confirmed ticket is granted only upto 4 hours before the scheduled departure of the train. 

(B). Refund on cancellation of unused RAC/Wait-listed tickets/Partially confirmed tickets:- 

(i). When RAC/Waitlisted ticket/Partially confirmed tickets is presented for cancellation, the refund of fare minus clerkage charge is made upto 30 minutes before the scheduled departure of the train. 

Certain provisions of Railway Passengers (Cancellation of tickets and refund of fare) Rules have been amended to check bogus claims, to facilitate provision of Mobile ticketing as well as paperless ticketing, discourage last minute cancellation resulting in seats/berths going vacant etc. The amendment in refund rules became necessary to adapt to changes/developments in the ticketing systems. 

Further, reservation charts are being prepared at least 4 hours in advance, which facilitates purchase of available berths till 30 minutes before departure of the train. 

No cancellation charge or clerkage charges is levied and full fare is refunded to all passengers holding confirmed, RAC and Wait-listed tickets if the journey is not undertaken due to late running of the train by more than three hours of scheduled departure of the train from the journey commencing station, subject to the condition that the ticket is surrendered prior to the actual departure of the train

This information was given by the Minister of State for Railways Shri Manoj Sinha in a written reply to a question in Rajya Sabha on 11.12.2015. 

Now rail tickets to have details of subsidy availed

Government intention is questionable

Wednesday, April 15, 2015

Government control and Call drop is concern - Don’t pay taxes if government fails to curb corruption: HC

@Ravi Shankar Prasad साहब  कृपया कर जनता के हितों पैर धन दे। सरकार अपने टैक्स प्रॉफिट से ऊपर उठकर देश हिट में सोचे।  इंडिया फर्स्ट का कांसेप्ट होना चाइये।

Call Drop Is concern and Net neutrality is back bone of Indian Economy Growth

अब तक CALL DROP का पेनल्टी क्यों नहीं दिया जा रहा , कोर्ट का और सरकार के आदेश की अवेलहना  क्यों हो रही है क्या ये मोबाइल ओपेरटर हमारी सरकार और कोर्ट के ऊपर है। 

Mobile operators unethical practices public harassment and government policy level control

सरकार का कंट्रोल क्यों नहीं  मोबाइल ऑपेरटर पर।

Don’t pay taxes if government fails to curb corruption: HC

PMOPG/I/2015/0057486- still process  is pending ground level implementation

कब होगा ग्राउंड लेवल इम्प्लीमेंटेशन 

+PMO India +Narendra Modi +airtel India +Flipkart @TRAI #Netneutrality

 Net neutrality is requirement for India development  & economy Growth  

अब तक CALL DROP का पेनल्टी क्यों नहीं दिया जा रहा , कोर्ट का और सरकार के आदेश की अवेलहना  क्यों हो रही है क्या ये मोबाइल ओपेरटर हमारी सरकार और कोर्ट के ऊपर है। 


  1. Telecom service Provider not able to delivered good service
  2. Most of the time call drop call cut after few more second really very poor service quality in Delhi capital of India and same in all over India.
  3. Call Drop issue with all service provider Airtel , voda phone, Reliance ....  
  4. they promise 3G data service but at real level not able to provide 2G quality some time not able to connect with basic mail .
  5. Trai need to bring penalty clause for these service provider , minimum 10000/- to 50,000/- Penalty on service provider and they have to pay every consumer if call drop more then 5 time in billing cycle or in month.
  6. TRAi need to bring  Penalty clause for service provider for data card and they have to give net connectivity graph with bill in billing cycle , Rs 50,000/- penalty per user .   if quality of data rage promise is not matched between maximum and minimum level of net connectivity and speed and if complain raise up to TRAI 5 Lakh per user penalty have to pay by service provider in case of failure in service delivery .

Mobile operators unethical practices public harassment and government policy level control

सरकार का कंट्रोल क्यों नहीं  मोबाइल ऑपेरटर पर। 

TRAI need to take the responsibility to save general public human Rights
Fake and wrongly Billings
No Email communication on corrected bill by saying bill cannot be re generated
Fake service charges tax and not refunded in correcting wrongly charge bill
Customer harassment by Customer care for 45 min or more in the name of  solution on the way
This is the level of Indian mobile service Provider
Below mentioned pic is the case of reliance customer service this is the only example's but situation is same with airtel vodaphone idea and other mobile operators
Looking for defining penalties on these operators for customer harassment . compensation need to be define in this case

Net Neutrality

(reference taken from :

Network neutrality (or open inter-working) means that you are in control of where you go and what you do online. Companies that provide Internet services should treat all lawful Internet content in a neutral manner. It is the founding principle of the Internet and what allows the Internet to be the largest and most diverse platform for expression in recent history.

What may India Loose: 

Stop mark on Digital India  vission

we may loose Education for every one (right of Education)


You Tube/ Microsoft / Google can bring revolution in Education Sector 1. To increase the free education program – education for every one- You tube or Microsoft can bring videos related to their education course like maths, science at all level from class 1 to 12 or higher, technological video like engineering maintenance of automobile, power plant etc. in number of fields. 2. Competitive environment creation for Social responsibility of Individual/ Schools/ Colleges and They should have target to publish the open video content on You Tube about education /Subject / technology/ Class room material-notes 

All India Radio / DTH can bring in education channels

To reach to everyone - Telecast / DTH providers can help in this subject to promote education. DD channel could be a good point to start. If government gives some special tax benefits then lot of private DTH providers and private parties also comes in front.

 Lack of "Net Neutrality" may lead  question mark on economy Growth. 

Question mark on Digital India Project
Question Mark on Online employment
Question mark on potential employment in GPRS Base Business
Question mark on data security and Banking data
Question mark on Potential employment in Share and securities business
Question mark on E- governance policies and potential
Big risk on country level security .


To the Chairman, TRAI

Thank you for giving me this opportunity to share my views on the consultation paper published by TRAI on March 27, 2015 titled "Regulatory Framework For Over-the-Top (OTT) Services”. I am worried that this consultation paper makes sweeping assumptions about the Internet, and does not take a neutral and balanced view of the subject of Internet Licensing and Net Neutrality. Any public consultation must be approached in a neutral manner by the regulator, so that people can form an informed opinion.

I strongly support an open internet, for which I believe it is critical to uphold net neutrality and reject any moves towards licensing of Internet applications and Web services.

I urge TRAI to commit to outlining measures to protect and advance net neutrality for all Indians. Net neutrality requires that the Internet be maintained as an open platform, on which network providers treat all content, applications and services equally, without discrimination. The TRAI must give importance to safeguarding the interests of our country’s citizens and the national objective of Digital India and Make In India, over claims made by some corporate interests.

I request that my response be published on the TRAI website alongside other comments filed, in line with past practice regarding public consultations. I urge that TRAI issue a specific response to user submissions after examining the concerns raised by them, and hold open house discussions across India, accessible to users and startups before making any recommendations.

Question 1: Is it too early to establish a regulatory framework for Internet/OTT services, since internet penetration is still evolving, access speeds are generally low and there is limited coverage of high-speed broadband in the country? Or, should some beginning be made now with a regulatory framework that could be adapted to changes in the future? Please comment with justifications.

There is no need of a regulatory framework for Internet-based services and apps (which are also essentially Internet-based services) either at present or in future, because that would be contrary to the essence of an open Internet. It also needs to be pointed out that the term “OTT” (over the top) is an extreme generalisation of the wide variety of Internet platform and services. It only takes into account the way it is served to the end user and doesn’t take into account the various other complexities involved - which is a great disservice.

Any regulation or licensing of these services will lead to only one thing - increase of cost of access and degradation of user experience. Currently, these services are accessible for either a low fee and in some cases free of cost, and the companies make money through in-app advertisements. Burdening these services under a regulatory framework will force them to either increase the access fee or increase advertisements - both directly affecting the end user. It is also likely to subdue innovation, because startups will not have the financial clout to take on an established player. This will also eventually lead to pockets of monopolies within the Internet-based services space.

Question 2: Should the Internet/OTT players offering communication services (voice, messaging and video call services through applications (resident either in the country or outside) be brought under the licensing regime? Please comment with justifications.

Firstly, there is no need for licensing of internet based communication service providers. To suggest such a move further points towards the TRAI consultation being tilted in favour of telecom operators.

Secondly, fundamentally both Internet-based communication services and non-communication services are the same. They sit on top of the network provided by telecom operators. And the spectrum that telecom operators utilise to offer this network on pipe is already licensed, hence there is no need for additional licensing.

This issue also needs to be looked at from another perspective. Many non-communication services on the Internet also offer real-time chat or video interaction features for the benefit of customers, which will be affected by bringing such services under a licensing regime.

The extent of innovation we have witnessed over the years has been greatly aided by the low cost of entry. Any form of regulation or licensing will increase the entry cost, thereby hindering innovation and equal opportunity to startups to establish themselves in the market. Behind every Zoho, WhatsApp and Skype there are numerous failures. Licensing will essentially increase the cost and likelihood of failure - and greatly discourage innovation.

Question 3: Is the growth of Internet/OTT impacting the traditional revenue stream of Telecom operators/Telecom operators? If so, is the increase in data revenues of the Telecom Operators sufficient to compensate for this impact? Please comment with reasons.

There is no evidence of data revenues cannibalizing revenues from voice or SMS. In fact, data usage is soaring and it is driving the demand for telecom networks.

The question fails to acknowledge that revenue from data services also fall under the traditional revenue streams category as per the Unified Access License Agreement

[]. So, to assume that data services are impacting the growth of “traditional revenue streams” is wrong.

Services such as Skype and WhatsApp have specific use cases. They are not, and should not be, considered as substitutes to voice calling or SMS. For instance, calls made using VoIP don’t have the same clarity that we have on voice calls. Moreover, services such as WhatsApp are used for real-time chatting as opposed to SMS. Voice and SMS have their own benefits and use cases, so do VoIP and internet messaging. Customers should be free to pick and choose among these.

There is still no concrete evidence suggesting that the decline in the revenues from messaging and voice calling is due to the growth of revenues from data services, and statements from experts and industry experts appear to in fact point to there being no cannibalization of revenues.

Gopal Vittal, CEO, Airtel

“There is still no evidence that suggests that there is cannibalization,” he said when asked about whether data is cannibalizing Airtel’s voice business. On internet messaging cannibalizing SMS revenues, he said: “At this point in time is very, very tiny. And so it is not really material as we look at it.”


Vittorio Colao, CEO, Vodafone

“Growth in India has accelerated again (October-December), driven by data” []

The company’s India unit grew by 15%, going past its counterparts during the quarter ending December as customers used its data services. []

Question 4: Should the Internet/OTT players pay for use of the Telecom Operators network over and above data charges paid by consumers? If yes, what pricing options can be adopted? Could such options include prices based on bandwidth consumption? Can prices be used as a means of product/service differentiation? Please comment with justifications.

As I argue in my answers above, telecom companies are expected to grow steadily and so is data. Public statements made by officials of telecom companies, their earnings report and analysis of independent agencies suggest that telecom companies will continue to grow. So, there is no need for them to impose additional revenue from customers - and there is especially no justification of creating an extra revenue source supported by government intervention. The term “bandwidth consumption” is ambiguous. Currently, customers are billed for the quantum of data used and not the bandwidth.

Charging users an additional fee over and above the data charges to access specific internet services will result in higher costs which will dissuade people from using such services. Moreover, as explained earlier, many online businesses have video and chat applications within them to interact with customers. In such cases, it will be extremely difficult for users to ascertain the sum billed to them if they access the websites of such businesses. There will be no transparency in billing and it will run afoul of TRAI’s own 2006 Quality of Service Billing regulations which ensures transparency in billing and tariff plans.

Taking an additional fee also breaks the internet. Today, many websites, especially blogs, have hyperlinked content and users can switch from one website to another without having to worry about access or cost. But differential pricing will not provide such a seamless experience. Moreover, it tends to favor the larger firms with deep pockets, essentially not providing a level-playing field.

Question 5: Do you agree that imbalances exist in the regulatory environment in the operation of Internet/OTT players? If so, what should be the framework to address these issues? How can the prevailing laws and regulations be applied to Internet/OTT players (who operate in the virtual world) and compliance enforced? What could be the impact on the economy? Please comment with justifications.

There is no regulatory imbalance in the environment in which the internet services and applications operate. In fact, the word “regulatory imbalance” is incorrect here. Telecom operators holds licenses to spectrum which is a public resource. Internet services and applications don’t have to acquire licenses. Moreover, there is a clear distinction between services provided by telecom operators and internet platforms—so no additional regulation is required.

Also, internet services and applications are already well-covered under the Information Technology Act, 2000 and Indian Penal Code, 1860. More importantly, internet services are intermediaries that allow a communication system for their users—and intermediaries cannot be held responsible for the acts of their users as per Section 79 of the IT Act, 2000. Our Supreme Court has recently ruled on this area in the Shreya Singhal versus Union of India case, holding that Internet content is protected by our Constitution’s right to free expression and setting out the acceptable limits for government regulation.

Question 6: How should the security concerns be addressed with regard to OTT players providing communication services? What security conditions such as maintaining data records, logs etc. need to be mandated for such OTT players? And, how can compliance with these conditions be ensured if the applications of such OTT players reside outside the country? Please comment with justifications.

The internet services and apps are well-covered under the existing laws and regulations. These include the Code of Criminal Procedure, Indian Telegraph Act, Indian Telegraph Rules, and the Information Technology Act and its different rules pertaining to intermediaries and interception. These different regulations allow the Indian government and law enforcement agencies to access the data stored by internet platforms when deemed legally necessary. Any additional regulations carry grave risk of breaching user privacy and would also require constitutional review - especially since the Government is still working on a proposed Privacy Bill.

The government and courts also have the power to block access to websites on the grounds of national security and public order. It has taken similar steps in the past and has been widely reported by the media. The transparency reports periodically published by major internet companies suggests Indian government routinely requests for user data and blocking of user accounts. Between July 2014 and December 2014, Indian authorities had 5,473 requests for data, covering 7,281 user accounts from Facebook and the company had a compliance rate of 44.69%. Google had a compliance rate of 61% with respect to the requests made by different government agencies across India.

Question 7: How should the OTT players offering app services ensure security, safety and privacy of the consumer? How should they ensure protection of consumer interest? Please comment with justifications.

Although user privacy and security is of paramount importance, additional regulation carries the inherent risk of breaching user privacy which is not in the consumer’s interest. The Information Technology Act, 2000 already addresses the security concerns of the user. But more importantly, any criminal act committed using these platforms can be tried under the Indian Penal Code. So, there is no need to burden the internet platforms with additional regulations.

Also, it is worth noting that many telecom companies in India have not made information publicly available as to whether and how they comply with regulations that guarantee security, privacy and safety of the customer. TRAI’s current paper fails to articulate why the internet services and apps should be brought under similar regulations.

Question 8:

In what manner can the proposals for a regulatory framework for OTTs in India draw from those of ETNO, referred to in para 4.23 or the best practices summarised in para 4.29? And, what practices should be proscribed by regulatory fiat? Please comment with justifications.

ETNO is similar to India’s COAI which makes it an industry lobby group. Understandably, the suggestions made by ETNO heavily favor the telecom companies and will be detrimental to customers if India refers to their suggestions.

ETNO’s stand have been widely criticized in the past. Europe’s own group of government regulators [Body of European Regulators for Electronic Communication (BEREC)] ETNO’s proposals could jeopardize the “continued development of the open, dynamic and global platform that the Internet provides” which will “lead to an overall loss of welfare”. Additionally, the international free expression group Article 19 says ETNO’s proposal “would seriously undermine net neutrality.

According to Access Now, ETNO’s recommendations would have meant higher data charges for customers while from an entrepreneur’s standpoint, it will limit their ability to reach out to a wider market. For a small but fast growing startup and digital media sector in India, this can potentially ring the death knell. ETNO’s suggestions on this subject so far have failed to have been accepted by any government agency - including the regulators in their own host countries. It is therefore especially troubling that TRAI is choosing to make one of their proposals a pillar of this public consultation here in India.

Question 9: What are your views on net-neutrality in the Indian context? How should the various principles discussed in para 5.47 be dealt with? Please comment with justifications.

Net Neutrality, by definition, means no discrimination of traffic flowing on the internet with respect to speed, access and price. Chile and Brazil, which are developing countries just like India, have passed laws supporting net neutrality. This is in addition to government commitments to implement net neutrality legislation in the United States and European Union.

India has 1 billion people without internet access and it is imperative for our democracy to have an open and free internet where users are free to choose the services they want to access—instead of a telecom operator deciding what information they can access.

Internet apps and services are expected to contribute 5% to India’s GDP by 2020. That will only happen of entrepreneurs, big and small, have a level playing field that encourages innovation and non-preferential treatment—something that net neutrality ensures.

Assuming there is no net neutrality, only the big players will be able to strike deals with telcos while the smaller players remain inaccessible, which will go against the principles of net neutrality as listed below:

No blocking by TSPs and ISPs on specific forms of internet traffic, services and applications.

No slowing or “throttling” internet speeds by TSPs and ISPs on specific forms of internet traffic, services and applications.

No preferential treatment of services and platforms by TSPs and ISPs.

It is also worth noting that the proposed framework will give too much power in the hands of the telecom companies, which is not healthy for the ecosystem.

Question 10: What forms of discrimination or traffic management practices are reasonable and consistent with a pragmatic approach? What should or can be permitted? Please comment with justifications.

This question assumes that traffic discrimination is necessary and is a norm. Rather, traffic discrimination should be an exception as it is against the principles of net neutrality.

In such exceptional cases, telecom companies need to have the permission of TRAI or other competent government agency through public hearing to carry out “traffic management” to ensure transparency in the entire process. Further, it should be kept in mind that such steps shouldn’t interfere with the access, affordability and quality of the services.

More importantly, jointly by BEREC and the European Commission suggest that the propensity of the telecom operators to restrict access of internet services is high. The report noted that telecom operators were most inclined to block and throttle P2P services on mobile as well as fixed line networks. VoIP, on the other hand, was blocked mostly on telecom networks.

Keeping this in mind, TRAI needs to ensure that instances of discrimination of traffic should be few, far between and, above all, transparent.

Question 11: Should the TSPs be mandated to publish various traffic management techniques used for different OTT applications? Is this a sufficient condition to ensure transparency and a fair regulatory regime?

Publishing detailed reports of various traffic management techniques for different internet services is a step in the right direction but it is definitely not sufficient. I believe it gives a false impression to consumers that traffic management is a permissible act, which it is not as it goes against the tenets of net neutrality. Making the various traffic management techniques public would ensure transparency to some extent but it fails to bring in accountability on the part of telecom operators—which is equally important.

There needs to be an auditing mechanism that would scrutinize and penalize telecom companies in case of any unlawful traffic management techniques. Also, telecom companies should be mandated to submit any traffic management-related data to TRAI, which should be made publicly available on TRAI's website.

The need for transparency and accountability is highlighted during the recent case of Airtel allegedly throttling Ogle, an online video service, on its network (

Question 12: How should a conducive and balanced environment be created such that TSPs are able to invest in network infrastructure and CAPs are able to innovate and grow? Who should bear the network upgradation costs? Please comment with justifications

The question assumes that a “balanced” environment would lead to increased investment and upgradation of networks.. However, if revenue is generated by charging CAPs to reach customers rather than only charging users for data, the incentives for a TSP can potentially change. Telecom operators now gain the incentive to maintain a level scarcity and not upgrade existing infrastructure in order to maximize gatekeeper revenue. There is no evidence to support that access fees charged to CAPs will spark network upgradation and may have the opposite effect itself.

We’ve mentioned before that telecom operators should be acting as data pipes which can provide users access to Internet and that they stand to substantially gain from upgrading networks. Telecom operators stand to gain substantially by upgrading existing networks by proliferating the use of data by users, and it therefore stands to reason that the costs of upgradation should be borne by them. The above answers also point out that the heads of the leading telecom operators in the country have not seen evidence of cannibalization of existing services and that data usage has only been steadily increasing.

Question 13: Should TSPs be allowed to implement non-price based discrimination of services? If so, under what circumstances are such practices acceptable? What restrictions, if any, need to be placed so that such measures are not abused? What measures should be adopted to ensure transparency to consumers? Please comment with justifications.

Discrimination of services in any form is detrimental for the growth of the telecom industry itself and there should be no circumstance for a telecom operator to do so. Given the diverse nature of the Internet, telecom operators should not be allowed to determine what type of service should get more priority. For example, a consumer in India probably relies on VoIP calls to keep in touch with people abroad and if there is throttling of these services, it infringes on the user’s fundamental right of freedom of expression. An Internet service that a telecom operator thinks which could lead to traffic congestion, might be vital to consumers. Further, a telecom operator might use throttling to further a service promoted by them and induce consumers into using them, thereby eliminating choice.

Transparency alone will not bring about a fair regime for users, and it is crucial that TSPs be prohibited from discriminating between services

Question 14: Is there a justification for allowing differential pricing for data access and OTT communication services? If so, what changes need to be brought about in the present tariff and regulatory framework for telecommunication services in the country? Please comment with justifications.

The question above is simply a rephrasing Question 13. Differential pricing for data access and OTT communication services again simply amounts to discrimination of data services. Hence there is no justification for differential pricing other than furthering corporate profit. Telecom operators stand to gain substantially from the proliferation of all data services including communication services. A neutral internet allows smaller companies to innovate and compete with larger players and ensure that there is a free market. Any changes in the present tariff and regulatory framework is not needed save for ensuring that the interests of the consumer is taken care of.

Question 15: Should OTT communication service players be treated as Bulk User of Telecom Services (BuTS)? How should the framework be structured to prevent any discrimination and protect stakeholder interest? Please comment with justification.

Treating OTT communication service players as Bulk User of Telecom Services again amounts to discrimination of data services and hence it should not be allowed. The question also further assumes that the stakeholders are only the telecom operators and not the consumers. If only the interests of the telecom operators are protected by treating services which compete with their traditional services differently rather than innovating themselves, it would lead to a situation of anti-competitiveness. Telecom companies have an interest in imposing their control over information and communication networks, but the price of that would mean stifling competition, increased barriers for innovation and business and eventually infringe on the fundamental rights of Indian citizens.

Question 16: What framework should be adopted to encourage India-specific OTT apps? Please comment with justifications.

A recent Deloitte report titled Technology, Media and Telecommunications India Predictions 2015 predicted that paid apps will generate over Rs 1500 crore revenues in 2015 ( Increased acceptance of paid apps can only be possible if there’s Network Neutrality. In fact, Deepinder Goyal, the founder and CEO of the highly successful app Zomato recently commented "Couldn’t have built Zomato if we had a competitor on something like Airtel Zero"

The moment an app developer/company is forced to tie-up with a telecom operator to ensure that users opt for it, an artificial prohibitive barrier will be created. All app developers and the companies behind them need to be provided an even playing field.

We also need more reports on the Indian app economy, to understand, firstly, how the adoption and usage of apps is changing and, secondly, to comprehend its impact on the Indian economy.

Question 17: If the OTT communication service players are to be licensed, should they be categorised as ASP or CSP? If so, what should be the framework? Please comment with justifications.

The question of categorising doesn’t even arise, because as mentioned earlier any extra regulations or licensing is going to be detrimental to the end user. Requiring licensing of online services and mobile apps under the current telecom framework in India will have enormous negative consequences. The impossibly onerous burdens imposed by such licensing would results in many such globally developed services and apps not being launched in India - and our own startup efforts to develop local versions of such apps being killed in their early stages. The net results would be decreased consumer benefit and a massive slowdown in innovation and reduced “Make in India” efforts due to the regulatory cost of doing business becoming very high.

Question 18: Is there a need to regulate subscription charges for OTT communication services? Please comment with justifications.

Subscription charges for such apps need to be allowed to evolve as it would in a pure market economy. The subscribers (buyers) would want to pay the lowest possible price, and the app developers/companies (sellers) would want to charge as much as possible, eventually leading to a fair price.

Subscription charges for such Internet-based services have remained, more or less, quite low in India, especially because the cost of switching from one service provider to another is also quite low: This competition will ensure that charges remain fair, without the need to regulate them, going forward as well. As noted in response to earlier questions, existing Indian law also applies to online services - which would include the Consumer Protection Act and other regulations meant to prevent cheating or other illegal pricing issues.

Question 19: What steps should be taken by the Government for regulation of non-communication OTT players? Please comment with justifications.

As mentioned earlier, irrespective of what an OTT app is used for (communication, online shopping, etc) they’re all essentially Internet-based services, and hence there is no question of creating new regulatory measures.

Question 20: Are there any other issues that have a bearing on the subject discussed?

Here are the additional steps that I urge the TRAI to undertake in the interest of the public:

- Due to the absence of any formal regulations on net neutrality, TRAI should issue an order or regulation preventing network neutrality violations by telecom service providers. Some telecom companies have shown scant respect for the issues presently under consideration and despite its questionable legality have rolled out various services which violate network neutrality. Any delay in forming regulations or preventing them in the interim till the process is complete is only likely to consolidate their status. This is not only an affront to the Internet users in India but also to the regulatory powers of the TRAI.

- TRAI is requested to publish all the responses and counter responses to the consultation, including any other additional material, on its website.

- For better public involvement and awareness, open house debates should be held in major Indian cities after the consultation process is over.