In an interim relief to Vodafone Idea, the telecom tribunal on Friday stayed Trai’s direction to the company to withhold a plan that promises priority 4G network to premium customers.

However, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) said Trai can proceed with its inquiry and pass a final order in accordance with the law at the earliest. It should be done after ensuring that the requirements of natural justice are satisfied and that Vodafone Idea is given an opportunity to explain any alleged contravention of the regulator’s directions.

With the tribunal’s ruling, Vodafone Idea will be able to induct new subscribers in the priority plan for the time being.

In its order, the tribunal said the direction for suspension of the revised Vodafone RedX offer “lacks even prima facie reasons” and the justification that the suspension would facilitate detailed examination by the Telecom Regulatory Authority of India (Trai) “is found to be devoid of any merits”.

Earlier this week, Vodafone Idea moved the TDSAT, challenging the regulator’s direction asking it to withhold the RedX priority plan, which promises priority 4G network to certain premium users, till the matter was under examination.

“The interim direction in paragraph 2 of the impugned letter dated 11.07.2020 is stayed until further orders,” the order said.

According to the second paragraph of the letter, the company was asked to withhold with immediate effect and until further orders the RedX offer “to facilitate detailed examination by Trai”.

In the letter, Trai said the terms and conditions of the RedX offer require a detailed review to ensure consistency with the existing regulatory framework and so a questionnaire has been prepared by
the authority for the company to respond to within seven days. The letter was dated July 11.

The tribunal said that if Vodafone Idea has not filed its response to the questionnaire, it may do so by July 22. Such response, if filed within the extended period, shall be duly considered by Trai for the purpose of further inquiry.

On its part, Vodafone Idea had said there was a lack of any finding, even prima facie, that what has been offered in the RedX plan originally and thereafter the modified RedX plan of May 2020 contravened any particular direction governing tariff formulation.

The order also comes as a breather to Bharti Airtel, which had last week launched its Platinum plan for post-paid users. Trai on July 11 barred both Airtel and Vodafone Idea from offering differentiated 4G postpaid plans.