Section 17 in The Airports Economic Regulatory Authority of India Act, 2008
Title: Establishment of Appellate Tribunal.
17. 1[Appellate Tribunal].-- 2[The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act] to—
(a) adjudicate any dispute—
(i) between two or more service providers;
(ii) between a service provider and a group of consumer:
Provided that the Appellate Tribunal may, if considers appropriate, obtain the opinion of the Authority on any matter relating to such dispute:
Provided further that nothing in this clause shall apply in respect of matters—
(i) relating to the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of section 5 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);
(ii) relating to the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under section 9 of the Consumer Protection Act, 1986 (68 of 1986);
(iii) which are within the purview of the Competition Act, 2002 (12 of 2003);
(iv) relating to an order of eviction which is appealable under section 28K of the Airports Authority of India Act, 1994 (55 of 1994).
(b) hear and dispose of appeal against any direction, decision or order of the Authority under this Act.
1. Subs. by Act 7 of 2017, s. 170, for "Establishment of Appellate Tribunal" (w.e.f. 26-5-2017).
2. Subs. by s. 170, ibid., for certain words (w.e.f. 26-5-2017).
Title: Application for settlement of disputes and appeals to Appellate Tribunal.
(1) The Central Government or a State Government or a local authority or any person may make an application to the Appellate Tribunal for adjudication of any dispute as referred to in clause (a) of section 17.
(2) The Central Government or a State Government or a local authority or any person aggrieved by any direction, decision or order made by the Authority may prefer an appeal to the Appellate Tribunal.
(3) Every appeal under sub-section (2) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the Authority is received by the Central Government or the State Government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
(4) On receipt of an application under sub-section (1) or an appeal under sub-section (2)/i@, the Appellate Tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.
(5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the Authority, as the case may be.
(6) The application made under sub-section (1) or the appeal preferred under sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be:
Provided that where any such application or appeal could not be disposed of within the said period of ninety days, the Appellate Tribunal shall record its reasons in writing for not disposing of the application or appeal within that period.
(7) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub-section (1), or of any direction or order or decision of the Authority referred to in the appeal preferred under sub-section (2), on its own motion or otherwise, call for the records relevant to disposing of such application or appeal and make such orders as it thinks fit.
Title: Composition of Appellate Tribunal.
19. [Composition of Appellate Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017), s. 170 (w.e.f. 26-5-2017).
Title: Qualifications for appointment of Chairperson and Members.
20. [Qualifications for appointment of Chairperson and Members.] Omitted by s. 170, ibid. (w.e.f. 26-5-2017).
Title: Term of office.
21. [Term of office.] Omitted by s. 170, ibid. (w.e.f. 26-5-2017).