DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the  2^nd day of June,  2023

Present      :   Sri. Vinay Menon V., President

                  :  Smt. Vidya A., Member                        

                  :  Sri. Krishnankutty N.K., Member                                Date of Filing: 08/03/2023  

                         CC/67/2023

Muhammed Nufaul,

S/o.Muhammed Bathrudeen,

No.5, Hajiyani, Noorjahan Manzil,

Green Park, Zaramed,

Karubukkadai, Coimbatore South,

Kuniyamputhur – 641 008.                                   -                       Complainant

      (By Adv. M/s. Aravind Mohan & Radhika M.)

                                                                                                Vs

M/s.Pam Pam Pallam Toll Plaza,

Walayar- Vadakkanchery Express Highway,

Palakkad  – 678 624.

(By Adv. M/s. K.Divya & B. Kamal Chand)            -                       Opposite party  

ORDER  IN  THE  QUESTION  OF  MAINTAINABILITY

By Sri. Vinay Menon V., President

1. Quintessential pleadings and grievance of the complainant pertains to over-charging of the complainant in opposite party toll plaza. In view of a basic concern regarding maintainability of this complainant vis-a-vis the status of opposite party as a service provider, this Commission had posted the matter for hearing on the question of maintainability and accordingly called on 16/3/2023 immediately after filing. On that day the counsel for complainant pleaded for extension of time for hearing. 
2. Notice was issued to opposite party. Opposite party entered appearance and filed version.
3. Matter was taken for hearing and question of maintainability was heard. 
4. The opposite party is a concessionaire of National Highways Authority of India, a Statutory Authority constituted by a legislation vested with the duty, responsibility and authority to develop, manage and maintain national highways in India. Subsequent to construction, in order to recover expenses incurred in construction and maintenance of the said highways, this concessionaire is permitted to collect user fees from users of the said highway. Usage of highways by motorists in the said facts and circumstances cannot be construed as availing services for consideration as contemplated under the Consumer Protection Act.
5. Even if there be patent illegality, irregularity, deficiency, arbitrariness or unfair trade practice, the opposite party cannot be at par with a service provider as contemplated under the Consumer Protection Act, so as to vest this Commission with adjudicatory authority.
6. Hence, we hold that this Commission has no jurisdiction whatsoever to adjudicate this dispute. Accordingly the complaint is dismissed.

     Pronounced in open court on this the  2^nd  day of  June, 2023.    

                                                                                                                  Sd/-

                                                                                             Vinay Menon V

                                                      President

        Sd/-

   Vidya.A

                       Member        

         Sd/-                                           Krishnankutty N.K.

                                                                                                      Member