Punjab

Fatehgarh Sahib

CC/42/2022

Pardeep Singh Walia - Complainant(s)

Versus

National Highways and Ors - Opp.Party(s)

Sh T S Salana

18 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                                  COMMISSION

                            FATEHGARH SAHIB

 

Complaint No.	:	CC/42/of 2022
Date of Institution	:	10/05/2022
Date of Decision	:	18/04/2023

                  

Pardeep Singh Walia aged about 23 years, Resident of house no.173, Sector-3-A, Battan Lal Road, Mandigobindgarh, Tehsil Amloh, District Fatehgarh Sahib.

 

                                                                                                                     …………....Complainant

 

                                                Versus

1.  National Highways, Authority of India, G-5& 6, Sec-10, Dwarka, New Delhi-110075, through its incharge/responsible Person. .

 

2. Toll Plaza Behrampur (KM-35.000 on NH-205), Section Kurali-Kiratpur Sahib (KM-2-28+600 to 71+500) on NH-205 through its incharge/responsible Person.

 

3. Gurpreet Supervisor Toll Plaza  Behrampur ( KM-35.000 on NH-205), Section Kurali-Kiratpur Sahib (KM-2-28+600 to 71+500) on NH-205 through its incharge/responsible Person.

                                                                              ..………....... Opposite Parties

Complaint under Section  35 of Consumer Protection Act 2019

Quorum

Sh. S.K.Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present: Sh.T.S.Salana, counsel  for complainant.

     Complaint withdrawn against OP no.1 vide order dated 28.10.2022.

     OP no.2 Ex-Parte vide order dated 28.10.2022.

     OP no.3 Ex-Parte vide order dated 05.08.2022

 

 

 The  complaint has been filed against the OPs (opposite parties)  under Section 35 of Consumer Protection Act-2019 alleging deficiency in service with the prayer to give directions to the OPs to pay  Rs.10,0,000/-  along with interest  @ 18% as compensation  for mental and physical harassment  and Rs.33,000/- as  litigation  expenses to the complainant .

1.   The complainant was travelling from Ropar to Kurali on 18.1.2022  by car bearing no.PB-23-Y-2146 which is owned by his Father . He crossed the Toll Plaza of the OP no.2 passing through cash counter line and employee of OP no.2 attended the complainant and raised demand of Rs.100/- as toll charges . The complainant objected to the same as the toll charges for one way is Rs.50/- as shown in the rate list.  The employee of OP no.2 refused to accept the cash amount of Rs.50./- as toll charge of one way and again demanded Rs.100/- from the complainant. When the complainant refused to pay Rs.100/- , employees of OP no.2. gathered there and misbehaved with the complainant. Under pressure of employees of OP no2,  the complainant under protest deposited Rs.100/- as toll charges of above said vehicle having registration no.PB-23-Y2146 . He was issued a receipt vide no.5020654500 dated 18.1.2022. The complainant noted that on receipt some other vehicle number was mentioned i.e  PB-3-Y-2741 . When the complainant raised objections regarding the wrong vehicle number, employees of Op no.2 again  misbehaved with the complainant. The complainant captured the whole incident in his mobile phone.  The complainant sent a legal notice to the OPs on 19.1.2022 but the Ops did not pay any heed.  Hence this complaint .
2.        Notice of the complaint was given to the OPs through registered Post. OPs no.2 and 3 did not appear despite service of summons as such OPs no.2 was proceeded  against Ex-Parte vide order dated 28.10.2022  and OP no.3 was proceeded against Ex-Parte vide order dated 5.8.2022 for non appearance . Complaint  against OP no.1 dismissed as withdrawn as per  statement of complainant  vide order dated 28.10.2022.
3.  The complainant in support of his complaint tendered in evidence affidavit Ex.CW1/A, legal notice dated 19.1.2022 Ex.C1,  Postal receipts Ex.C2 to Ex.C5, Ex.C6 copy of Toll receipt, Ex.C7 envelop , Tracking report Ex.C8, Adhaar card Ex.C9, Registration of vehicle Ex.C10, CD Ex.C11.
4. Heard. Perused entire record.
5. From the perusal of the record, we find that copy of receipt of Toll tax is Ex.C6 qua vehicle registration number PB-3-Y-2741.  The OP had charged Rs.100/-  for the vehicle no. PB-3Y-2741 where Rs.50/- were charged as journey fee  & Rs.50/- were charged as fee for  entering in fast tag line. This registration number   mentioned on toll Plaza receipt is different from the registration number of the vehicle of the complainant   PB-23-Y-2146. The CD which is Ex.C11 in evidence does not prove the  case of the  complainant in any manner.
6. As a corollary of our above discussion,  the present complaint fails and the same is here by dismissed with no order as to cost. Complaint could not be decided within the statutory period due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record Room.

Pronounced 18 April 2023

                                                           

                                                                      (S.K. Aggarwal)

                                                                              President

                                                                    

    

                                                                            (Shivani Bhargava)

                                                                              Member

 

                                                                              ( Manjit Singh Bhinder )

                                                                                             Member