Haryana

Bhiwani

CC/60/2020

Sombir - Complainant(s)

Versus

Toll Plaza - Opp.Party(s)

D.V Lamba

25 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.      60 of 2020

                                    DATE OF INSTITUTION:                 26.06.2020

                                                DATE OF ORDER:                            25.10.2023

 

Sombir Singh son of Sh. Attar Singh R/o village Atela Khurd, Tehsil and District Charkhi Dadri.

 

            ……Complainant.

 

VERSUS

 

Manager, Toll Plaza, National Highway No.148-B, situated near village Kitlana, Tehsil and District Bhiwani.

 

….. Opposite Party.

 

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

 

 

BEFORE:      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member.

Hon’ble Ms. Shashi Kiran Panwar, Member.

 

 

Present:-      Sh. Abhishek Lamba, Advocate for complainant.

        OP exparte.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member.

 

1.                     Brief facts of the present complaint are that complainant is permanent resident of village Atela Khurd, District Charkhi Dadri and is registered owner of vehicle bearing regn. No.HR-61B-0076 Bolero Camper and having Fast-tag installed on the windscreen of the said vehicle which is attached with the bank account of complainant. On 19.06.2020, complainant was going from his village Atela to Bhiwani, at about 2:18 p.m. complainant reached Toll Plaza Kitlana on National Highway No.148-B and OP collected Rs.60/-, in cash, as toll tax, from complainant whereas at the same date and time Rs.40/- was also deducted from his bank account  through fast tag. Thus complainant has alleged that OP charged toll tax from him twice for a single visit which is illegal and arbitrary act of OP and amounts to deficiency in service on its part.  Hence, the present complaint has been preferred seeking directions to Op to return the excess charged amount as toll fee alongwith interest @ 18% per annum from 19.06.2020 till its payment.  Further to pay Rs.1.00 lac toward harassment charges, besides Rs.11,000/- as litigation expenses.

2.                     Despite registered notice, Op did not put appearance, as such, it was proceeded against as exparte vide order dated 06.06.2022.

3.                     In exparte evidence of complainant, his affidavit Ex.CW1/A alongwith documents as Ex. C-1 to Ex. C-3 filed and closed the evidence on 04.10.2023.

4.                     We have heard learned counsel for complainant and gone through the record carefully.

5.                     Complainant to ascertain his version has placed on record toll fee slip as Annexure C-2 which reveals that on 19.06.2020 at 2:17 P.M., Rs.60/- was charged from complainant for vehicle No.0076, at the same time, document Annexure C-3 reveals that Rs.40/- also deducted from the fast tag of complainant for the vehicle bearing regn. No.HR61B0076 by the OP toll plaza on 19.06.2020 at 14:18. Complainant to prove his ownership over the said vehicle has placed on record copy of R.C. as Annexure C-1.  From the above documents and position explained, we find that the OP is negligent and deficient in providing proper services to the complainant which definitely has harassed him mentally and physically and has also to bear monetary loss.  Since, OP did not defend its case and remained exparte, therefore also, we have no other option except to believe the version of complainant which is supported by his duly sown affidavit Ex. CW1/A.  

6.                     Resultantly, the complainant is hereby allowed and Op is directed to comply with the following direction within 40 days from the date of passing of this order:-

(i)        To pay a sum of Rs.40/- (Rs. Fourty) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization.

(ii)       To pay a sum of Rs. 10,000/- (Rs. Ten thousand) as compensation on account of mental and physical harassment.

(iii)      Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                                                                       

                        In case of default, the OP shall liable to pay simple interest @ 12% per annum on the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.     

Announced.

Dated:25.10.2023.

 

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani. 

 

 

 

 

Present:-      Sh. Abhishek Lamba, Advocate for complainant.

         OP exparte.

 

                    Arguments heard. Vide order passed today separately, present complaint has been allowed. Copy of the order be supplied to parties, free of costs. File after due compliance be consigned to the record room, as per rules. 

 

Dated: 25.10.2023.

(Shashi Kiran Panwar)                       (Saroj Bala Bohra)

                                                       Member                           Presiding Member

DCDRC, Bhiwani.