DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

CC No.250 of 04-08-2022

Decided on :02-06-2023

Ram Manohar aged about 32 years S/oVijay Kumar R/o Near Durga Mandir, Goniana Mandi, Tehsil & Distt. Bathinda.

​........Complainants

Versus

1.Kot Karora Kalan Toll Plaza, Vill. Talwandi Bhai, Distt.Ferozepur through its Authorized Representative/MD.

2.National Highway Authority of India, G-5 and 6, Sector-10, Dwarka, New Delhi through its MD/Chairman/ Secretary.

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM:-

Sh.Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present:-

For the complainant : Sh.Ram Manohar in person.

Opposite parties : Ex-parte.

ORDER

Lalit Mohan Dogra, President

1. The complainant Ram Manohar (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 before this Commission against Kot Karora Kalan Toll Plaza (here-in-after referred to as opposite parties).

2. Briefly the facts of the complaint as pleaded by the complainant are that he visited near Vill. Harike Pattan, Distt. TarnTaran on his car bearing No.PB-03AC-0431 on 15.1.2022 at about 8:11 AM. As per rules of NHAI, the toll plaza can charge fee as per the applicable rates. For Fastag customers, the applicable charges are as under :-

   i) For Single passing - Rs.40/-

   ii) For up-down passing Rs.60/- (within 24 hours)

3. It is alleged that opposite party No.1 deducted Rs.40/- from paytm account No.9041222236 of the complainant through Fastag on 15.1,2022 at 8:11 AM. The complainant came back within the stipulated time of 24 hours i.e. at 4:10 PM on the same day. As such, he was required to be charge Rs.20/- only while crossing the Toll Plaza, but opposite party No.1 illegally deducted Rs.40/- from his paytm account, thereby charging Rs.20/- in excess.

4. It is further alleged that the complainant again cross the same toll plaza on 17.1.2022 and lodged the complaint with the concerned officials of opposite party No.1 regarding charging of excess amount of Rs.20/- on 15.1.2022, but they failed to pay any heed to his requests, rather they proclaimed that they will check the record and refund the amount, if charged excess, within one week.

5. It is also alleged that thereafter the complainant repeatedly passed the toll plaza and complained about the charging of excess amount of Rs.20/- on 15.1.2022, but opposite party No.1 failed to refund him any amount, rather it kept on putting off the matter on one or the other false pretext.

   On this backdrop of facts, the complainant has prayed for directions to opposite parties to refund Rs.20/- and to pay compensation of Rs.50,000/- in addition to cost of Rs.11,000/-.

6. Upon notice, none appeared on behalf of opposite parties. As such, ex-parte proceedings were taken against them.

7. In ex-parte evidence, the complainant has tendered into evidence documents (Ex.C-1 to Ex.C-5) and closed the evidence.

8. We have heard the complainant and gone through the record.

9. Complainant has argued that he passed his car bearing No.PB-03AC-0431 on 15.1.2022 at about 8:11 A.M and as per rules of NHAI, the toll plaza can charge fee as per the applicable rates. For Fastag customers, the applicable charges are as under:-

   i) For single passing:- Rs.40/-

   ii) For up-down within 24 hours passing Rs.60/-

10. It is further argued that on 15.1.2022, the complainant passed toll plaza on his car at 8:11 A.M and came back within 24 hours i.e. at 4:10 P.M and toll plaza being operated by opposite parties illegally and unlawful charged Rs.40/- instead of prescribed fee of Rs.20/-.

11. It is further argued that opposite parties were time and again requested to refund the amount, but they refused to refund amount, which amounts to deficiency in services.

12. We have given careful consideration to these submissions.

13. Admittedly, the vehicle of the complainant passed through toll plaza at 8:11 A.M and Rs.40/- was charged by opposite parties and on same day at 4:11 P.M, opposite parties charged amount of Rs.40/- instead of Rs.20/-. The said fact is also established from the statement of account, (Ex.C4). The evidence brought on record by the complainant has remained unrebutted. Over charging by opposite parties amounts to deficiency in services.

14. Accordingly, the complaint is partly allowed and opposite parties are directed to refund amount of Rs.20/- alongwith interest @9% per annum w.e.f. 15.1.2023 till realization and compensation of Rs.3000/- to the complainant on account of mental tension, harassment and cost of litigations.

15. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

16. The complaint could not be decided within the statutory period due to heavy pendency of cases.

17. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    02-06-2023

    (Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member