compliance are found in the total population of subscribers, which is 30,92,314. We are unable to agree with the submission of Mr.Kohli that since these 156 cases were taken up for investigation this was the sample in terms of the letter dated 18.11.2010 and since all were found non-compliant, the non-compliance is 100%, for the simple reason that when the whole population is enumerated, there is no question of there being a sample. Had it been a random sample of say “X” number of subscribers out of which “Y” were found non-compliant, the percentage of non-compliance as per sample could be taken as that of the whole subscriber base. Surely, it is not the case of the respondent that it took a random sample but admittedly, 156 individual bulk customers were detected in the customer base supplied in the month of May,2013. This is definitely not statistical sampling on which graded penalty scheme of DoT – Union of India is based. We, therefore, find that penalty for this 156 non-compliant cases should be imposed taking the complete subscriber base for the month for calculating percentage non-compliance. In term of the DoT letter dated 18-11-2010 (Supra), this may not be combined with the routine monthly check and, therefore, taking this as a standalone case, the compliance is more than 95%.
