Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                          Complaint No. : 98.

                                                          Instituted on     : 08.02.2021.

                                                          Decided on       : 09.11.2021.

Manoj Dhankhar, aged 32 years son of Sh. Raj Kumar, R/o H. No.597/22, Mansarover Colony, Rohtak.

                                                                   ………..Complainant.

                             Vs.

The Manager, Rohad Toll Plaza N.H.10, Ch. Chhotu Ram Nagar, Sampla, Haryana-124501.

……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

Present:       Shri Sandeep Kumar Hooda, Advocate for the complainant.

                   Opposite party exparte.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case are that on dated 21.11.2019, the complainant was going from Rohtak to Delhi and he had to stop his car at Toll Tax receiving counter and paid toll tax and a receipt was duly issued by respondent after payment. When the complainant was crossing the toll barricade, due to negligence of toll barricade operator, the barricade came down suddenly on the car of complainant and car was damaged. In this regard, the complainant made a written complaint to Shift Manager Mr. Jitender and received complaint receipt no.374 dated 21.11.2019. After above said incident dated 21.11.2019, the complainant had got repaired his car from V-care service Station and also paid Rs.7210/- for car repairing. The complainant had contacted the respondent but no satisfactory reply was given by the respondent. In this regard the complainant also sent the reminder on dated 21.11.2019, 24.02.2020 and 01.03.2020 but no payment of loss amount was done by the respondent. The complainant had also complaint to SHO Assodha in this regard. The respondent is unnecessarily harassing the complainant  by not paying the alleged amount spent by the complainant on his car. The act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay an amount of Rs.7210/- towards loss caused by respondent  and also to pay an amount of Rs.3,00,000/- on account of harassment and Rs.20,000/- on account of litigation expenses to the complainant.

2.                          After registration of complaint, notice was issued to the opposite party. Opposite party was appeared in person on dated 6.4.2021, but thereafter, failed to appear before this Commission. As such, opposite party was proceeded against exparte vide order dated 24.8.2021 of this Commission.

3.                Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and has closed his evidence on dated 01.10.2021.

4.                We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                In the present case, grievance of the complainant is that on dated 21.11.2019, the complainant was going from Rohtak to Delhi and he had to stop his car at Toll Tax receiving counter and when he was crossing the toll barricade, due to negligence of toll barricade operator, the barricade came down suddenly on the car of complainant and car was damaged. In this regard, the complainant made so many complaints to the opposite party to compensate him but no reply was given by the opposite party. Complainant had got repaired his car from V-care service Station, Dwarka and also paid Rs.7210/- for repairing of his car. To prove his case complainant has placed on record copy of receipt of Toll Plaza dated 21.11.2019 Ex.C2  and copy of invoice of V-Care Ex.C3 amounting to Rs. 7210/-. Copy of receipts of complaints Ex.C4 to Ex.C6 are also placed on record. Copy of complaint to SHO, P.S.Ashodha is also placed on record as Ex.C7, as per which all the contents of the complaint have been reiterated by the complainant.

6.                On the other hand, it is also on record that opposite party appeared on dated 06.04.2021 and did not file any reply. But thereafter he failed to appear before this Commission on 15.07.2021 and was proceeded   against exparte on  dated 24.08.2021.  As  such  it  is presumed that opposite party has nothing to say in the matter and all the allegations leveled by the complainant against the opposite party stands proved. Hence there is deficiency in service on the part of opposite party and opposite party is liable to pay the amount incurred by the complainant on the repair of his vehicle alongwith compensation.

7.                In view of the facts and circumstances of the case, we hereby allow the complaint with direction to the opposite party to pay the amount of Rs.7210/-(Rupees seven thousand two hundred and ten only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.08.02.2021  till its actual realization and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.

8.                         Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

09.11.2021.         

                                                          ……………………………….

                                                          Nagender Kadian, President.

                                                          .......................................

                                                          Tripti Pannu, Member.