Complaint filed on: 23-02-2021
Disposed on: 09-05-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
CC.No.27/2021
DATED THIS THE 9th DAY OF MAY, 2022
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER
Complainant: -
Ramesh Naik.L
S/o Lakshman Naik.R
Aged 39 years,
Kadaranahalli Thandya,
Urdigere hobli,
Tumkur Taluk-572 104
Advocate by Profession
(In person)
V/s
Opposite parties:-
- JAS Toll Road Co. Ltd.
Represented by its Toll Manager or In-charge officer,
Kyathasandra-Chokkenahalli Toll Booth
Nelamangala-Tumkur National Highway Road,
NH-4, Kyathasandra/ Chokkenahalli Toll Plaza, Tumkur-572 104
Tel: 7829917005
- JAS Toll Road Company Limited,
Represented by its Chairman, F-8, MIDC industrial Area, Hingna,
Nagpur-440016
(OP No.1 and 2-By Sri.K.Keshava Murthy, Advocate)
ORDER
SRI.KUMARA.N., MEMBER
This complaint filed by the complainant under Section 35 of Consumer Protection Act, 2019 to direct the OPs (hereinafter called as OP Nos.1 and 2) to return a sum of Rs.20-00 paid by the complainant as service charge (toll fees) for the usage of National Highway Road NH-4 between Nelamangala-Tumkur maintained by the OPs and pay a sum of Rs.5,00,000-00 towards the humiliation, mental pain and harassment and cost of this proceedings.
2. It is the case of the complainant that, on 9-1-2021 at around 9.10 AM in the morning the complainant crossed the Tumkur-Nelamangala National Highway Road toll plaza at Chokkenahalli, Kyathasandra in his car bearing Reg.No.KA-06-Z-2460 and paid a toll fee of Rs.20/- which was prescribed for a single journey for the car by NHAI. The complainant submitted that the staff of the said toll given defective receipt for Rs.20-00 ticket no.T965745B9L1 dated 9-1-2021 at 1:18 AM wherein car number recorded as KA-06-Z5698. The complainant asked for receipt of his car number. The complainant requested the staff of toll to give receipt of his car wherein he travelled i.e. KA-06-Z-2460 for that the staff of toll plaza refused and abused in a filthy language.
3. The complainant further submitted that as per NHAI guidelines the OPs should provide proper infrastructure of service road, lighting at every fixed distance and exempted toll fee/to collect discount rate of local people. The complainant is a local resident of Urdigere hobli which in the territorial jurisdiction of which the OP No.1 toll plazaexists and the complainant become local inspite of it the OPs are collecting toll charges without providing any service which leads unfair trade practice and deficiency of service on the part of OPs. The complainant issued a legal notice on 15-1-2021 to return the toll charges collected as the OPs not replied. Hence, this complaint.
4. After the service of notice, the OP Nos.1 and 2 have appeared through their counsel. The 2nd OP counsel submitted that both OP nos.1 and 2 are the same and requested to consider the version, affidavit evidence and arguments of OP no.1 as OP no.2.
5. The OP no.1 filed version admitting that the complainant crossed Tumkur-Nelamangala National Highway Road toll plaza at Chokkenahalli-Kyathasandra toll plaza on 9-1-2021 at around 9:10 AM in his car and collected toll fees of Rs.20/- towards single journey as per NHAI guidelines and denied other averments of complaint. The OPs further submitted that on 9-1-2021 at 9.18 AM when the complainant parked his vehicle at toll collection point beyond sensor as the vehicle number was not visible to the operator of the toll and the said operator asked the complainant regarding vehicle number, the complainant given the same number entered in the said receipt i.e. KA-06-Z-5698.
6. The OPs further submitted that there was a prescribed format to avail discounted/exempted toll fee for local people, where they should submit said application along with necessary documents to the authority/NHAI, but the complainant not submitted that prescribed form to avail discounted/exempted toll fee. The complainant intentionally prejudice mind made false complaint. Hence, the OPs prayed to dismiss the complaint.
7. The complainant counsel filed his affidavit evidence with 8 documents which were marked as Exs.P1 to P8 and the OPs counsel filed affidavit evidence with 5 documents which were marked as Exs.1 to R5.
8. We have heard the arguments of complainant in person and OP counsel and the points that would arise for determination are as here under:
1) Whether the complainant proves the deficiency of service/unfair trade practice of OPs?
2) Is complainant entitled to the reliefs sought for?
3) What order ?
9. Our findings on the aforesaid points are as follows:
Point No.1: In the partly affirmative
Point No.2: In the partly affirmative
Point No.3: As per the final order
REASONS
10. Point No.1 to 3: The complainant counsel submitted Ex.P2 which was certificate of registration of the said vehicle bearing no.KA-06-Z-2460 and Ex.P3 photo of the said vehicle bearing Reg.No.KA-06-Z-2460 at toll fee collection centre which proves that, the vehicle number of the said vehicle was KA-06-Z-2460 wherein the OPs given receipt/Ex.P1 for Rs.20-00 bearing ticket no.T965745B9L1 dated 9-1-2021 at 9.18 AM belongs to the vehicle bearing No.KA-06-Z-5698 which proves that the OPs given defective receipt.
11. The OPs counsel submitted documents Exs.R1 to R4 which were NHIA guidelines, prescribed tool fee and Ex.R5 was prescribed application for LPT/LCT i.e. local people to avail exemption / concession toll fee. In this case, the complainant not produced any evidence/documents to prove that he submitted said prescribed application form along with necessary documents to avail LPT/LCT to the NHAI (National Highways Authority of India)/authority.
12. As per the Section 47 of CP Act, 2019;
“Unfair Trade Practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:— (i) making any statement, whether orally or in writing or by visible representation including by means of electronic record, which— (a) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model; (b) falsely represents that the services are of a particular standard, quality or grade; (c) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods; (d) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have; (e) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have; (f) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; (g) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof:”.
13. In this case, even though the OPs given defective receipt to the complainant not to gain profit or earn money, which was as per guidelines of NHAI the OPs collected prescribed fee of Rs.20-00. When the complainant demanded to give correct receipt, the OPs would have settled the matter by giving rectified receipt of Rs.20/- collected towards toll fee for the said vehicle bearing No.KA-06-Z-2460 instead of KA-06-Z-5698.
14. It was bound duty of the OPs, being a service provider to give correct receipt /bill for the amount collected for the purpose.
15. The complainant prayed to award Rs.5,00,000-00 towards humiliation/mental pain, but the complainant not produced any documents/evidence to prove this.
16. By considering the above discussion in our view the OPs issued defective receipt and not corrected even after the complainant raised the matter and compelled the complainant to approach this Commission hence, he entitled litigation/compensation. Hence, we proceed to pass the following;
-
The complaint is allowed in part.
The OPs are directed to pay/return Rs.20/- collected from the complainant towards toll charge.
The OPs are further directed to pay compensation and litigation cost of Rs.3,000-00 to the complainant.
The OPs are further directed to comply the above order within 30 days from the date of receipt/knowledge of the order. Otherwise it carries interest @ 8% per annum.
Furnish the copy of order to the complainant and opposite parties at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 9th day of May, 2022).
LADY MEMBER MEMBER PRESIDENT
