DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 22nd day of August, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri. Krishnankutty N.K.,Member
Date of filing: 24/07/2020.
CC/71/2020
Vilsadasan S, - Complainant
S/o.P.Swaminathan,
Kinathingal House, Lal Nagar,
PO.Puthupariyaram,
Palakkad-678 731.
(Party in person)
Vs
1.Project Director,
NHAI, Chandranagar,
Palakkad,
(By Adv.Bhavadas.M.S).
2. Mager,Paliyekkara Toll Plaza, - Opposite Parties
Chittissery, Thrissur.
(Party in person)
O R D E R
By Sri. Krishnankutty N.K.,Member
Pleadings of the complainant in brief.
1. The complainant is using the FASTag issued by State Bank of India for his vehicle bearing Regn.No.KL/52/E5210. His allegation is that when his vehicle passed through the Toll Plaza at Paliyekkara, Thrissur managed by the opposite party (2), on 07.05.2020 at 10.16 am, he was forced to pay Rs.75/-( instead of Rs.35/-) in cash in spite of his FASTag showing a balance of Rs.125/-.
When the complainant took up the matter with the opposite party (1) they forwarded a report received from the opposite party (2) on the incident explaining the reason for charging the toll amount as not having enough balance in the complaint. Not satisfied with the reply, he has approached this Commission.
2. Notices were issued to the opposite parties and they entered appearance and filed their versions. The 1st opposite party filed their version contenting that the FASTag wallet in question was not having sufficient balance for payment the return journey toll of Rs.35/- after leaving Rs.100/- as minimum balance stipulated by the State Bank of India for the FASTag issued by them. The opening balance on the date of journey ie. 07.05.2022 was of Rs.100/- , Rs.75/- was collected as the toll for the onward journey at 7.28 am on the same day leaving a balance of Rs.25/-. Further, the complainant made recharge for Rs.100/- at 10.09 am making the available balance as Rs.125/-. But the return journey was recorded at 10.16 am ie. within seven minutes of making the recharge and the time required for getting the recharge getting reflected in the fast tag wallet is minimum 10 minutes. Further discount for return journey is available only while using FASTag.
3. Issues involved
1. Whether there was sufficient balance in the fast tag wallet of the
complainant for making the discounted return journey toll of
Rs.35/-?
2. Whether the complainant is eligible for discounted rate for return
journey while making cash payment?
3. Whether there was any delay in getting the recharge updated in the
FASTag wallet of the complainant?
4. Whether there is any deficiency in service on the part of the opposite
parties?
5. Whether the complainant is eligible for the relief sought?
6. Reliefs, extentable if any.
4. The complainant filed proof Affidavit on 01.03.2021 and marked documents viz Exhibits A1-A5 as evidence. The opposite party (1) filed their proof affidavit on 14.03.2021 and marked Exhibits B1 &B2. Opposite party (2) filed proof affidavit on 09.06.2021 and marked exhibits B3 as evidence.
Issue (1)
As per the proof affidavit filed by the complainant he had an opening balance of Rs.100/- in the fast tag wallet on 07.05.2020. When his vehicle passed through the toll gate Rs.75/- was deducted as the toll charges at 7.28 am leaving a balance of Rs.25/- in the account. Hence it is evident that his dispute is not about the minimum balance requirement. Further he recharged the wallet with Rs.100/- immediately. As per exhibit A3 marked on evidence, the recharge has happened at 10.09.25 (am). But the return journey in question has happened at 10.16.45 (am) ie with in 7 minutes of the recharge. As per the affidavit filed by opposite party 2 the reasons failure to read the FASTag at the toll booths are narrated as follows.
“ In general FASTag system controlled by NPCI/IHMCL/Bankers may not deduct the payment due to various reason like vehicle fitted with FASTag may be technically faulty, proper recharge may not have done, network disorder, damage on FASTag, entering in to FASTag lane within 15 minutes after recharging the FASTag wallet, tag may be fixed partially over the sun film and in windshield & existence of original equipment manufacturer tag fixed next to the FASTag, not maintaining the minimum balance etc. As long as the vehicle is at toll lane and we don’t receive the confirmation, we are bound to collect cash”.
In the present case the vehicle entered the toll gate within 7 minutes of recharge and hence the rejection of the FASTag and the resultant toll collection in cash is justified.
Issue 2.
As per para 4 of the Exhibit B1 marked as evidence, it is clear that the discount for return journey toll is available only if the toll payment is made by FASTag from 15.01.2020 onwards. Hence the collection of Rs.75/- for the return journey is as per prevailing rules.
Issue 3
It is narrated clearly in the proof affidavit filed by 2nd opposite party, that the rejection of FASTag is possible in case if the vehicle reached the toll gate within 15 minutes of the recharge. Since various agencies and systems are involved in the recharge and updation of wallet, it is quite possible that the 15 minutes lead time is required for completing the recharge process and to get the balance reflected in the FASTag wallet. Hence there is no delay in updating the balance in the FASTag wallet. The complainant has not made any counter argument to this point raised by the opposite parties. Hence the rejection of FASTag has not happened due to any reason that can be attributed to the opposite parties.
Issues 4,5 & 6
As explained against issues 1, 2 & 3 the rejection of the FASTag and resultant collection of Rs.75/- as return journey toll has not happened due to any deficiency in service on the part of the opposite parties. Hence they are not liable to provide any compensation/relief.
In the result the complaint is dismissed.
Pronounced in the open court on this the 22nd day of August, 2022
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K
Member
Appendix
Exhibits marked on the side of complainant
Ext. A1–Account summary of FASTag account.
Ext.A2-Toll Transaction Report from 01.02.2020 to 07.05.2020.
Ext.A3-Recharge report from 01.11.2019 to 07.05.2020.
Ext.A4-Toll collection receipt for Rs.75/- dated 07.05.2020.
Ext.A5-Letter addressed to the Forum by the complainant.
Exhibits marked on the side of Opposite parties
Ext.B1-Policy Circular issued by NHAI dated 15.01.2020.
Ext.B2-Letter No.IHMCL/100/-FASTag/ETC.OPs/2020/23 dated 06.02.2021.
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost: NIL.
