Highway Tolls Can't Be Waived On The Basis That Driver Had To Wait At Toll Plaza For Certain Minutes, Bhiwani District Commission Dismisses Complaint Against NHAI

The District Consumer Disputes Redressal Commission, Bhiwani (Haryana) bench comprising Mrs Saroj Bala Bohra (Presiding Member) and Ms Shashi Kiran Panwar (Member) dismissed a complaint filed by the Complainant who claimed that the NHAI cannot charge for toll if the waiting time of the vehicle at the toll plaza exceeds 2.5 minutes. The District Commission held that the basis of the Complainant's claim was an RTI. However, the letter issued by the NHAI in this regard held more significance and thus, it was established that there exists no such exemption rule w.r.t. time. Brief Facts: Deepak Soni (“Complainant”) paid a toll charge of Rs. 105/- to the National Highway Authority of India (“NHAI”) while travelling to Mathura with his family. According to the Complainant, NHAI Rules stipulate a waiting period of 2 minutes and 50 seconds to cross the toll plaza, but he had to wait for more than three minutes. Thereafter, the Complainant requested the toll plaza official to allow him to cross free of charge, who not only refused but also allegedly behaved inappropriately. When the Complainant attempted to file a complaint, the NHAI officials did not provide a complaint book. In response, the Complainant sent a legal notice on August 19, 2019, followed by a reminder on November 29, 2019, both of which went unanswered. Consequently, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Bhiwani, Haryana (“District Commission”). In response, NHAI contested the complaint, raising preliminary objections regarding the maintainability of the complaint, cause of action, locus standi, estoppel from filing the complaint, and jurisdiction. On the merits of the case, the NHAI denied issuing the alleged Toll Plaza Receipt and contested the existence of the purported rule specifying a 2.5-minute time limit for crossing the toll plaza. Moreover, NHAI argued that waiting for some time does not entitle the Complainant to the compensation claimed. NHAI refuted the remaining material contents of the complaint and requested the dismissal of the complaint with exemplary costs. Observations by the Commission: The District Commission observed that the Complainant's claim of toll exemption after the lapse of 2.5 minutes was based on his clarification sought through an RTI application. Thus, the source of such a claim was not coming from any rule or letter. The District Commission took into account a letter by NHAI confirming that there was no specific exemption applicable based on the time taken for crossing the toll plaza. The District Commission held that the information sought through RTI did not apply to the facts of the present case, and the clarification in the letter held greater significance. Thus, it held that there is no provision for an exemption to the toll if the time taken for crossing exceeds 2.5 minutes. Consequently, it dismissed the complaint. Case Title: Deepak Soni vs The Manager, National Highway Authority of India and another. Case No.: Consumer Complaint No. 164 of 2020 Advocate for the Complainant: R.N. Soni Advocate for the Respondent: Mehtab Singh Punia Click Here To Read/Download The Order

Highway Tolls Can't Be Waived On The Basis That Driver Had To Wait At Toll Plaza For Certain Minutes, Bhiwani District Commission Dismisses Complaint Against NHAI

Smita Singh

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