"Consumers can now approach the state consumer commission to seek compensation and appropriate relief against the nuisance of pesky calls," said Justice Kapoor.

Acting on a petition filed by one Nivedita Sharmam, the commission had on December 26, 2006 imposed an exemplary fine of Rs 50 lakh on Airtel and the Cellular Operators Association of India for "failure" to stop "unnerving unsolicited" calls and SMS by telemarketing and banking companies to mobile phone users. The High Court had immediately stayed the order on an appeal filed by the cellular operators.

But in September 2007, the High Court vacated the stay and restrained telemarketers from making unsolicited calls to mobile phone users, irrespective of the fact whether or not they are registered with the DND facility .

The consumer court direction comes at a time when TRAI proposes an amendment to the Telecom Unsolicited Commercial Communications Regulation, with provisions for a first time fine of Rs 5000 and a second time fine upto 20,000 against mobile ooperators who do not penalize errant telemarketers.