Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 185.
Instituted on : 21.03.2017.
Decided on : 10.12.2018.
Sh.Digvijay Jakhar s/o Sh. Khushi Ram Jakhar, R/o A-92, Preet Vihar, Kanheli Road, Rohtak.
………..Complainant.
Vs.
- Kurukshetra Expressway Pvt. Ltd., Toll Plaza(NH71), Dighal, In between Rohtak & Jhajjar, village-Dighal(Haryana), Through its Manager.
- Director, National Highways Authority of India(NHAI), G-5 & 6, Sector-10, Dwarka, New Delhi-110075(Ph.No.01125074100-200).
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT. SAROJ BALA BOHRA, MEMBER.
Present: Complainant in person.
Sh.Umesh Kumar Yadav, Advocate for opposite party No.1.
Opposite party No.2 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant’s car TATA Zest, bearing registration No.HR51BC7536 has got registered under monthly pass scheme for toll plaza situated in between Rohtak-Jhajjar, National Highway 71 at village Dighal and Kurukshetra Expressways Ltd. issued a pass after receiving the amount of Rs.160/- for one time every year and Rs.60/- per month from the complainant. That opposite parties never maintained the toll road which is having deep craters and huge cracks and is not maintained by the opposite party company. That on 03.12.2016 near village Karonta, due to non maintenance of divider, some iron bars fell down from a vehicle which hit the complainant’s car alloy wheel and complainant’s vehicle was damaged. That complainant got his vehicle repaired from Raj Motors, Rohtak and informed the opposite parties company/official about the said accident which was happened due to their negligence. That complainant spent Rs.17063/- on repair work and also purchased a tyre from MRF tyres worth Rs.5100/- and Rs.800/- for wheel alignment & balancing. That complainant requested the opposite party No.1 to pay the alleged accidental repair amount but any heed was not paid to his requests. Hence this complaint and the complainant has prayed for directing the opposite parties to make the alleged amount of Rs.5100/-, Rs.800/- , Rs.17063/-, Rs.160/- and Rs.60/- alongwith interest, compensation and litigation expenses as explained in relief clause to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.1 in its reply has submitted that the Toll Road being maintained by the opposite party no.1 is one of the best highways of India. That the claims of the complainant regarding the maintenance of Toll road are false and fabricated. That there is no FIR lodged by the complainant against the driver of “Jugaad” or the driver of car with which it has allegedly met with the accident. That complainant never reported the alleged incident to insurance company and also never bothered to report the incident to the opposite party No.1 or 2. That there is no deficiency in service on the part of opposite parties and dismissal of complaint has been sought. However, opposite party no.2 was proceeded against exparte vide order dated 08.05.2017 of this Forum.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.PW1/A, documents Ex.P1 to Ex.P10 and has closed his evidence. Ld. counsel for the OP No.1 has tendered affidavits Ex.OP1/A, documents Ex.OPW-1 to Ex.OPW-9 and closed his evidence.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that as per the copy of local commission and photographs placed on record Annexure C5 to Annexure C-25, there were several illegal cuts damaged road, broken grills and ill maintained toilets. As per the complaint and affidavit filed by the complainant, due to deep craters and huge cracks on the road and non maintenance of divider, some iron bars fell down from a vehicle which hit the complainant’s car alloy wheel and complainant’s vehicle was damaged and he had to spent amount on repair of his vehicle. To prove his complaint, complainant has placed on record copy of bill of tyre dated 06.12.2016 worth Rs.5100/- and copy of tax invoice Ex.P7 amounting to Rs.17063/- on account of accidental repair. Hence there is deficiency in service on the part of opposite parties for not maintaining the roads etc. for which they are charging toll tax from the public at large.
6. After considering all the facts and circumstances of the case we come to the conclusion that the complainant is entitled for the alleged amount of Rs.5100/- on account of purchase of tyre and Rs.17063/- on account of accidental repair charges. As such, we hereby allow the complaint and direct the opposite parties to pay the alleged total amount of Rs.22163/-(Rupees twenty two thousand one hundred sixty three only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.21.03.2017 till its realization and shall also pay a sum of Rs.3000/-(Rupees three thousand only) as compensation on account of deficiency in service and litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
10.12.2018.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
……………………………….
Saroj Bala Bohra, Member.
