DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No.111 of 19-04-2024

Decided on : 31-07-2024

Aman Gupta aged about 24 years S/o Ish Kumar Gupta C/o Chamber No.439, 3^rd Floor, District Courts, Bathinda.

........Complainant

Versus

1. Lehra Bega Toll Plaza Near Bhucho Mandi Highway Road, Bathinda, through its Managing Director.

    

2. National Highway Authority of India, through its Secretary, G-5 and 6, Sector 10, Dwarka, Delhi-110075.

    

3. Kotak Mahindra Bank Ltd., Branch Office: 3-A, Liberty Chowk, Civil Lines, Bathinda, through its Branch Manager.

    

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Smt.Priti Malhotra, President

Smt.Sharda Attri, Member

Present :

For the complainant : Sh.Ish Kumar Gupta, Advocate.

For opposite parties : Ex-parte.

ORDER

Priti Malhotra, President

1. The complainant Aman Gupta (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Lehra Bega Toll Plaza and others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that he had been doing job in St. Xavier High School, Rampura Phul as TGT Science and used to up-down daily, sometimes through personal car bearing registration No.PB-03BD-2814 registered in the name of his mother and sometimes through some other mode of transportation.

3. It is alleged that due to establishment of toll plaza at Lehra Bega i.e. opposite party No.1, the complainant got the services of fastag through opposite party No.3 by linking his mobile No.78884-82104 having Bar Code No.XXXXXX XXX 0211681 to pay the toll fee and to save his precious time on cash dealing. As per Govt. Scheme of opposite parties, the toll had/has to be paid by passers/vehicles according to the following norms:-

   For Fastag Customers:

   a) For Single Passing Rs.70/-

   b) For updown passing Rs.105/-

   (70+35), (within 24 hours i.e. before 12.00 night on the same date)

    

   For Cash Customers:

   a) For Single Passing Rs.70/-

    

   b) For updown passing Rs. L40/-

   (Rs.70 + Rs.70)

    

4. It is further alleged that on 10.11.2022, the complainant on his car bearing registration No.PB-03BD-2814 passed through the toll plaza at 7:40 A.M to join his duty and an amount of Rs.70/- had been deducted from his card on account of first journey/single passing and on the same day, he returned on his car and passed through the toll plaza at 4:54 P.M., but to his utter surprise, an amount of Rs.35/- was liable to be deducted from the fastag being 2nd journey/passing/returned trip, but an amount of Rs.70/- was deducted from his fastag. On noticing the deduction of Rs.35/- in excess, the complainant brought this fact to the knowledge of employees of opposite party No.1, they admitted their fault, but they refused to return Rs.35/-.

5. It is further alleged that the complainant scheduled to visit Malerkotla alongwith his family members on the same day, so he was immediately required to recharge his fastag. Accordingly, he recharged his fastag for a sum of Rs.250/- on the same day at 5:16 P.M. Thereafter, the complainant alongwith his family started journey from Bathinda via Lehra Bega Toll Plaza-Badbar Toll Plaza for Malerkotla on his car and came back from Malerkotla to Bathinda via Lehra Bega-Toll Plaza on the same day i.e. before 12.00 midnight. On next day, he found that during his journey from Bathinda to Malerkotla and return to Bathinda, an amount of Rs.100/- had been deducted from his fastag at Badbar Toll Plaza at 6:00 P.M on 10.11.2022 and Rs.70/- had been deducted from his fastag at Lehra Bega Toll Plaza at 6:32 P.M on 10.11.2022 and Rs.70/- had again been deducted from his fastag at Lehra Bega Toll Plaza on 11.11.2022 at 12:23 A.M. by showing his return/passing after 12:00 midnight whereas the fact is that the complainant returned at Bathinda before 12.00 midnight. The timings clearly reflects that there was some foul-play on the part of opposite party No.1 as it is not possible that after starting journey from Bathinda, the complainant first reached Badbar Toll Plaza at 6.00 P.M. and then reached Lehra Bega Toll Plaza at 6:32 P.M. on the same day while going from Bathinda to Malerkotla and while returning, he came back to Bathinda before 12:00 midnight and then crossed Lehra Bega Toll Plaza at 12:23 A.M. on 11.11.2022. On 14.3.2022, the complainant again passed through the Toll Plaza in the morning to join his duty and at that time, he enquired about the deductions and again the officials of opposite party No.1 while admitting their fault showed their inability to intervene into the matter and to make the refund of the excess amount.

6. It is also alleged that the complainant approached opposite party No.3 to cancel the fastag facility and to return his security amount/balance amount lying in the fastag that may be upto Rs.300/-, but to no avail.

   On this backdrop of facts, the complainant has prayed for directions to opposite parties to refund Rs.370/- alongwith interest @ 18% per annum from 10.11.2022 till realization and to pay Rs.50,000/- as damages and Rs.11,000/- as litigation expenses.

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

8. In support of his complaint, the complainant has tendered into evidence his affidavit dated 5.4.2024, (Ex.C1) and documents, (Ex.C2 to Ex.C4).

9. We have heard learned counsel for the complainant and gone through the file carefully.

10. Learned counsel for complainant has reiterated his stand as taken in the complaint as detailed above.

11. We have given careful consideration to these submissions.

12. It is proved on record that the complainant on his car bearing registration No.PB-03BD-2814 passed through the toll plaza Lehra Bega at 7:45 A.M on 10.11.2022 and an amount of Rs.70/- was deducted from his fastag card on account of single passing and on the same day, he returned/passed on his car through the same toll plaza at 4:54 P.M., but instead of Rs.35/-, an amount of Rs.70/- was deducted from his fastag. Messeges dated 10 November, (Ex.C4) proves duductions of amount of Rs.70/-. Ex.C4, is evident of the fact that the complainant had to pay Rs.70/- each for his upside down journey whereas the fee at toll plaza or upside journey (i.e. within 24 hours) is on reduce fee/price. We are not considering the other deductions being made.

13. Moreover opposite parties have not come forward to contest the complaint of the complainant. The evidence of the complainant attached with sworn affidavit goes unrebutted and unchallanged. Therefore, there is no reason to disbelieve the version of the complainant. Thus, there is deficiency in services and unfair trade practice on the part of opposite parties.

14. In view of what has been discussed above, present complaint is partly allowed with Rs.500/- as cost and compensation on account of deficiency in services and unfair trade practice against opposite parties. Opposite parties are directed to refund an amount of Rs.35/- charged in excess, to the complainant.

15. The compliance of this order be made within 30 days from the date of receipt of copy of this order.

16. In case of non-compliance of the order within the stipulated period, thereafter opposite parties shall be liable to pay additional cost of Rs.250/- to the complainant.

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

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

    Announced

    31-07-2024

    1. (Priti Malhotra)

    President

     

     

    (Sharda Attri)

    Member