Taking strong exception to "unsolicited and unnerving calls and SMSes" to consumers by mobile companies, banks and tele-marketing agencies, the State Consumer Commission has directed them to check the menance immediately or get ready to face the jail.

The Delhi State Consumer Disputes Redressal Commission warned that if such activities were not stopped, the axe will fall upon the Chief Executive Officers (CEOs) and other top officials of the companies, banks and marketing agencies.

"If in future any violation or non-compliance of this order is brought to the notice of this Commission by any consumer of any service provider of such service, it would be treated as failure or omission to comply with the order and shall invite not only heavy punitive damages but sentence of imprisonment under the Consumer Protection Act," said the Commissions' Bench headed by Justice J D Kapoor.

Directing the Chairman of Telecom Regulatory Authority of India (TRAI) to regulate telephone numbers from which such calls are made to unwilling consumers, the Commission asked all banks, financial institutions, agencies including mobile service providers to stop making unsolicited calls.

The order was delivered on a complaint filed by Nivedita Sharma, a resident of South Delhi, against telecom major Bharti TeleVenture (BTV).

The complaint had alleged that not only BTV was making unsolicited calls and SMSes but passing on the data to banks, financial institutions and tele-marketing agencies, which were also indulging in such activities, causing mental agony and inconvenience to consumers.

The Commission's order has opened the doors for other harassed consumers by making it clear that they can also send their complaints in writing to it if they are still receiving unsolicited calls and SMSs either from service providers or from other agencies.

To keep away the menace, the Commisssion directed the mobile service providers to give an option to the subscribers whether they want to be put in the "Do Not Disturb" (DND) list.

If the answer was "yes" then the service provider would be penalised for their future unsolicited calls or messages, it added.

The Commission even prohibited mobile companies from sending monthly telephone bill details and reminders by way of calls or SMSes to their consumers.