Rewari District Commission Holds Toll Plaza Liable For Double Charging Within 24 Hours

Brief Facts:

The Complainant while driving his vehicle paid Rs. 65/- as toll charges at Kathuwas (Rajasthan) Toll Plaza through an online process. Later, at 8:17 pm on the same day, during his return journey to Rewari, he again crossed the toll plaza and paid Rs. 65/- online. The Complainant stated that according to the rules, the toll plaza company is entitled to recover only half of the toll amount during the return journey within 24 hours. The Complainant made several communications and sent a legal notice to the toll plaza but didn't receive any satisfactory response. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Rewari, Haryana (“District Commission”) and filed a consumer complaint against the toll plaza.

In response, the toll plaza argued that the Complainant violated lane driving norms. It alleged that the Complainant deviated from lane no. 6 and forcefully crossed the toll from the same lane. Additionally, it argued that the Complainant neither contacted the toll office nor utilized the toll-free number 1033.

Observations by the District Commission:

The District Commission referred to the screenshot of messages which indicated the duplicate toll payments. It observed that the Complainant paid Rs. 65/- twice to the toll plaza, first at 6:17 PM and again at 8:17 PM on the same day. The District Commission noted that the excess amount was refunded to the Complainant by the toll plaza after the receipt of a legal notice. While the Complainant acknowledged the receipt of the refunded amount, it argued that it came after the legal notice was served. The District Commission concurred with the Complainant's contention and held that the toll plaza's action of returning the excess payment only after being prompted by a legal notice indicated a deficiency in service and unfair trade practice on its part. It held that such practices could potentially result in the unjust accumulation of funds by the toll plaza, at the expense of toll plaza users.

Consequently, the District Commission directed the toll plaza to pay a compensation of Rs. 10,000/- to the Complainant for mental agony, harassment, and litigation expenses endured by the Complainant.

Case Title: Ram Kishan Saini vs Kathuwas Toll Plaza and Anr.