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Lawyero

How to get incoming call records of BSNL prepaid

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Lawyero

Hi,

When I approached BSNL to get incoming call records for one of my prepaid BSNL mobile number on which I am getting frequent abusive calls, the GM's office of our district conveyed that they no more provide that information to customers and the only way that they can disclose this info is when police approach them. I gave a written letter requesting them to convey the same by return postal mail, which they are yet to send. There is an FIR filed by the police based on my complaint, and I want to get this information so that even if the police collude with the abuser, I can prove to the criminal court of what really transpired. This being the situation, can I get this information via RTI?

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Prasad GLN

The same issue was faced by me two years back, and that is when Hon.CJK provided the TRAI guidelines wherein it was stated that Service provider must share such details of every subscriber if sought and provide the same by charging reasonable fees.  I have provided same guidelines to many in the past and they have received such data.

Unfortunately most of the subscribers and many BSNL are not aware of that.

Immediately post this as grievance in on line portal of BSNL.  RTI is not required and it is simple formality , just make a call to local DGM and get the details.

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PADMA SINGH
The same issue was faced by me two years back, and that is when Hon.CJK provided the TRAI guidelines wherein it was stated that Service provider must share such details of every subscriber if sought and provide the same by charging reasonable fees.  I have provided same guidelines to many in the past and they have received such data.
Unfortunately most of the subscribers and many BSNL are not aware of that.
Immediately post this as grievance in on line portal of BSNL.  RTI is not required and it is simple formality , just make a call to local DGM and get the details.
Is this only for BSNL??
How many yrs back details can I have?

Sent from my SM-G610F using RTI INDIA mobile app

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Prasad GLN

Generally the data is stored upto one month in local office and for three months they store at the Hub, and they will inform you and provide that data is available.  Some times you may be lucky as data may not get deleted due to lazyness which they call as busy in some other important thing.  The issue is getting data from each and every service provider irrespective of whether it is public or private.  No RTI is necessary as it is a right of consumer.

Please search in google for TRAI directives to service providers on providing call data.

Edited by Prasad GLN

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Lawyero

Thank you Prasadji. I have sent an email complaint to cmdcomplaints@bsnl.co.in asking them to act within two weeks. I forwarded that email to helpline@nccptrai.gov.in with a copy to TRAI Chairman at cp@trai.gov.in. 

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Prasad GLN

Why all this,  for simple matters, when you can just  personally  contact Customer Help desk available at every BSNL office exclusively for such purpose.  They are meant for it, and if they are not aware of the directive, you can meet his superior.  

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Lawyero

On 24th March 2018, I met the Customer Support, their officer and the GM - all of them saying that this information could not be given to me. So I gave a written request to GM's office asking them to send me a reply in writing, conveying the reasons for not giving me this info. Till date, I haven't received any reply from them. Thus the need to expedite this matter.

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Prasad GLN

Have you searched for the TRAI guidelines and provided a copy  to educate them.?

You can even issue a notice under CP Act as there is deficiency of service by service provider.

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Lawyero

Hi Prasadji,

I couldn't locate that TRAI guideline. Here is the reply I got from BSNL Vijayawada Office just now:

With reference to  your  compliants  dated 02-04-2018,  regarding  Out going and  Incoming CDRs of your mobile number xxxxxxxxxx.  The outgoing calls will be supplied by submitting request letter, with ID and Address proof, and payment of Rs 50/ at Customer Service Centre BSNL Bhavan Vijayawada.  Regarding incoming calls, CDRs will be provided only with nodal officers for security purpose only,  there is no provision to supply to the subscriber  vide TRAI notification New Delhi Dated 06-01-2012.  This is for your information please.

-sde pr % gmtd vj.

Is the notification that you mentioned later than the one they are referring to? Should I serve a notice under CP Act and approach a consumer court? Does filing an RTI also help?

 

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Prasad GLN

There is no need to go for TRAI guidelines.

Whether it is information as defined under RTI Act is the issue.

It is certainly an information as defined under RTI Act and must be provided.

Please go for first and second appeal to get a land mark judgment, and I am perfectly sure that it must be provided.

Also file another grievance/complaint to same whether that incoming calls data is treated as information as defined under RTI Act or not.

You are a consumer, and you are entitled to get that record if it is available.  Get a logical end to the issue.

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Lawyero

Thank you for your help Prasadji. I have sent the RTI to BSNL. In the meantime, BSNL gave a second reply in this regard:

Regarding incoming calls, CDRs will be provided only with nodal officers for security purpose only, there is no provision to supply to the subscriber, vide TRAI notification New Delhi dated 06-01-2012.

The OG call details only can be supplied on a written request alongwith a copy of the identity proof of the customer and on payment of Rs. 50 at CSC. Message details also cannot be provided.

(DOT Remarks: TRAI vide its notification dated 6th January 2012 released "Telecom Consumers Protection Regulations, 2012 (2 of 2012)". Section I of the said regulation states that "Every Service Provider shall, on request from any prepaid consumer, provide at reasonable cost (charges not exceeding Rs.50/-) the information related to itemized usage charge for all calls, number of SMS sent and the amount charged for such SMSs, etc., within 30 days of receipt of such request. The CDRs are preserved by the Service Provider for one year as part of the Security Conditions of the License.) This is for your information please.

-sde(pr) %PGMTD

I wonder where it says that incoming CDRs should not be given to telecom customers.

Edited by Lawyero

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Prasad GLN

Any public record that is not exempted must be provided, if that data is available in material form with any of BSNL.

Post this as grievance in TRAI portal, BSNL portal and also go for first appeal immediately.

Issue a separate notice to BSNL under CP Act after 15 days.

The data must be provided, and interpretations, well...every employee thinks that his interpretation is most authentic 

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Lawyero

Good news! I got the requested info from the FAA. Before I share my success story, I would like you to go through the attached docs, to confirm whether they are proper and can be submitted in a court of law, should the need arises. Two  things I would like to know are:

1) Whether the cover letter not issued on a letterhead without their official stamp is valid? 

2) Whether the attached info can be signed by APIO instead of FAA? 

 

doc1 - The letter intimating me of extra payment for providing the info (which I did with protest)

doc2 - Cover letter of FAA's reply (signed by FAA)

doc3 - First page of 32 pages of info provided alongwith cover letter (signed by APIO)

Thank you

doc1.png

doc2.png

doc3.png

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Prasad GLN

Query:

1) Whether the cover letter not issued on a letterhead without their official stamp is valid? 

2) Whether the attached info can be signed by APIO instead of FAA? 

Reply. 1. Yes valid as it was signed by proper authority.

2.FAA never signs such certified copies and certified copy signed by any BSNL official is valid Public record under RTI.

As per APHC judgment information provided under RTI is a valid documentary evidence that can be admitted as exhibit in proceedings .

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Lawyero

Thank you Prasad garu. I'll summarize in a while.

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Lawyero

RTI Success - Summary

1. A pvt bank kept on abusing me once in a while over the phone on the pretext of recovery, despite their cheating, blunders and abuses in the name of banking. The most recent such call has been reported to local police by me, and they opened an FIR after considering my many earlier representation and RTIs.

2. To be on the safe side, I also would like to have the evidence of this abusive call received on my prepaid mobile to be used in the criminal court if needed. That was when I approached BSNL for all call details for my prepaid mobile number.

3. BSNL agreed to provide me the outgoing call details after paying certain sum of money but not willing to provide the  incoming call details. They maintained that there is no provision for them to provide these details to their customers!

4. I then filed an RTI to get this information. BSNL refused to provide any requested information.

5. I filed the first appeal to BSNL. At this stage, BSNL realized that I am serious about what I am requesting and did some homework. Their legal representative had enquired with other offices who may have this info, and at last realized that there was a CIC order already that mandates that such information must be provided.

6. Despite this CIC order, there was no formal internal communication within BSNL that allows that this information be provided to RTI applicants. This is where the legal representative used the spirit of CIC order and went ahead to provide me the incoming call details, which I appreciated.

7. I learnt that this incoming call information would be retained by them for one year at the most, so if one needs such info, request it within that time.

Lastly, I sincerely thank @PrasadGLN ji for guiding me throughout through e-mails, since he realized that mine is a valid request. "Persistence pays" is what he taught me in the process. Thank you for your time sir.

 

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