Consumer Panel Rules Poor Toll Roads Constitute Deficiency In Service
ROADS & HIGHWAYS

Consumer Panel Rules Poor Toll Roads Constitute Deficiency In Service

The District Consumer Disputes Redressal Commission in Nagpur has held that failing to provide well maintained roads despite collecting toll fees constitutes a deficiency in service. It directed the National Highways Authority of India Chhindwara Project Implementation Unit to pay compensation to a motorist whose vehicle was damaged by potholes. It also noted that toll payers have an expectation of safety and reasonable upkeep of highway stretches. The complainant said he was travelling from Nagpur to Chhindwara on October two, 2020 after paying the requisite toll. The vehicle struck a deep pothole, which bent the steel wheel rim and forced the tyre off, so he completed the journey on a spare tyre and extended his stay to get repairs. He also said that on return the toll plaza did not provide a complaint book. The NHAI Chhindwara unit acknowledged the potholes, blamed heavy rains and traffic density and said repairs were underway, while expressing regret. It sought dismissal on the ground that the motorist had not produced regular maintenance records. The commission rejected that defence, noting that under the Consumer Protection Act a consumer need not produce maintenance records and that proof of direct damage by the potholes sufficed. The commission fixed liability on the project unit and dismissed complaints against NHAI headquarters and the Nagpur office. It directed payment of Rs 1,030 for vehicle repair and toll reimbursement, Rs 10,000 for mental and physical agony and Rs 5,000 towards litigation costs, and gave the authority 45 days to clear the amounts. The commission said the timeline was intended to ensure timely redress for the complainant and to reinforce the obligation of project units to attend promptly to reported defects. The ruling underlined that toll collecting authorities must ensure safe motorable roads when charging fees.

The District Consumer Disputes Redressal Commission in Nagpur has held that failing to provide well maintained roads despite collecting toll fees constitutes a deficiency in service. It directed the National Highways Authority of India Chhindwara Project Implementation Unit to pay compensation to a motorist whose vehicle was damaged by potholes. It also noted that toll payers have an expectation of safety and reasonable upkeep of highway stretches. The complainant said he was travelling from Nagpur to Chhindwara on October two, 2020 after paying the requisite toll. The vehicle struck a deep pothole, which bent the steel wheel rim and forced the tyre off, so he completed the journey on a spare tyre and extended his stay to get repairs. He also said that on return the toll plaza did not provide a complaint book. The NHAI Chhindwara unit acknowledged the potholes, blamed heavy rains and traffic density and said repairs were underway, while expressing regret. It sought dismissal on the ground that the motorist had not produced regular maintenance records. The commission rejected that defence, noting that under the Consumer Protection Act a consumer need not produce maintenance records and that proof of direct damage by the potholes sufficed. The commission fixed liability on the project unit and dismissed complaints against NHAI headquarters and the Nagpur office. It directed payment of Rs 1,030 for vehicle repair and toll reimbursement, Rs 10,000 for mental and physical agony and Rs 5,000 towards litigation costs, and gave the authority 45 days to clear the amounts. The commission said the timeline was intended to ensure timely redress for the complainant and to reinforce the obligation of project units to attend promptly to reported defects. The ruling underlined that toll collecting authorities must ensure safe motorable roads when charging fees.

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