DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 13th DAY OF AUGUST, 2024.
PRESENT : SRI. VINAY MENON .V,
: SMT.VIDYA A., MEMBER.
: SRI. KRISHNANKUTTY N.K, MEMBER.
DATE OF FILING:07.05.2024.
CC/159/2024
1. Rohini Rahul, W/o.Rahul.K.C, - Complainants
Kunnummal Chakkamadathil,
Kannankungara, Thrissur-680 007.
2. Rahul.K.C, 3B, Narmada Enclave,
V.P.Marakkar Road, Near Subramanya Swami Temple,
Edapally Toll, Ernakulam-682 024.
(By Adv.Surendran)
Vs
Mr.Mukundan, Paniyankara Toll booth in-charge, -Opposite Party
Thrissur Expressway Limited,
NG544, Thenidukku,
Paniyankara, Palakkad,
Kerala-678 686.
(Ex-parte)
ORDER
BY SMT.VIDYA A., MEMBER.
1. The complainants are husband and wife and the opposite party is the authorised officer of Panniyankara Toll Plaza. The complainants were travelling from Palakkad to Cochin in their car and while passing through the toll booth, the toll was deducted by scanning the Fastag and the barricade opened and the complainant moved their car. While passing through the lane, the barricade closed abruptly by hitting hard on the windscreen of the car and caused damage to the windscreen. Soon after the incident, they approached the concerned authorities with a written complaint. At first the opposite party was reluctant to accept the complaint, later on he accepted it and issued an acknowledgment. Thereafter, the complainants approached them many times to get update of their complaint, but there was no response from the part of the opposite party. The complainants send mails to their higher authorities, but of no use.
The complainants approached the service centre for repair of the car and they were informed that an amount of Rs.18,000/- is to be paid for repair.
They contacted the opposite party to compensate for the damage caused to their car due to their negligence, but there was no response from their side.
The acts of the opposite party in not taking any steps to resolve the issue amount to deficiency in service. The complainant suffered financial loss and mental agony due to that and hence, they approached the Commission with the following prayers.
1. Return the amount to Rs.160/-, which is paid by the complainant towards the service of the opposite party.
2. To pay Rs.18,000/-, repair charges of the car and Rs.2,000/- towards the inconveniences caused to them.
3. To pay Rs.25,000/- towards mental agony and sufferings caused to the complainants by the acts of the opposite party.
2. Complaint was admitted and notice was issued to the opposite party. Even after receipt of notice, the opposite party did not appear or file version. So the opposite party was set ex-parte. Here, the opposite party is added in his personal capacity as the person in charge of Panniyankara Toll Booth, Thrissur Express way Pvt. Ltd.
3. In the absence of version of the opposite party, the complainant has only to prove a prima facie case against the opposite party. The evidence of the complainant comprised of proof affidavit and Exts.A1 and A2. Ext.A1 is the Fast Tag E-statment of ICICI Bank for the period from 05.11.2023 to 05.11.2023. Ext.A2 is the copy of the complaint lodged with the Thrissur Express way Pvt. dated 05.11.2023. Ext.A2 shows that the complainant had given written complaint to the opposite party regarding the damage caused to the windscreen of their car due to the sudden closing of the barricade in the toll plaza. But the opposite party did not take any action to resolve their grievance. Hence, there is deficiency in service on their part.
4. Here, in this complaint, the opposite party is added in his personal capacity. The opposite party in his personal capacity cannot be fastened with any liability. We hold the company to be liable and to compensate for the damage caused due to the acts of their staff.
5. The complainant contends that as per the information received from service centre, an amount of Rs.18,000/- is required to repair the car. In the absence of any evidence to the contrary, we accept that contention.
Further, the complainant had suffered financial loss and mental agony due to the act of the staff present in the toll booth.
In the result, the complaint is allowed with a direction to the authorised person, Panniyankara Toll Plaza, Thrissur Expressway Pvt. Ltd.,
1. To pay Rs.18,000/- being the cost of repair with interest at 10% from 05.11.2023 till realisation.
2. To pay Rs.15,000/- for the deficiency in service on their part.
3. To pay Rs.10,000/- towards compensation for the mental agony suffered by the complainant and Rs.5,000/- as cost of litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof, from the date of the order, till the date of payment.
Pronounced in open court on this the 13th day of August, 2024.
Sd/-
VINAY MENON .V, PRESIDENT
Sd/-
VIDYA A., MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: FASTag E-statement of Rs.160/- (Rupees One hundred and Sixty only) showing the payment made by the complainants for the service used.
Ext.A2: Photocopy of the acknowledgement of the complaint registered before the opposite party.
Document marked from the side of Opposite party: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court witness: Nil.
Cost : 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
