Now, file complaints against toll companies in consumer courts

Gurvinder Singh

Tribune News Service

Ludhiana, January 19

What could prove to be a landmark, a case of complaints regarding the poor condition of roads maintained by tollways was brought and fought under the jurisdiction of a consumer court instead of the High Court. This might open the door for common man to complain against the inefficiency, poor maintenance of roads, and not following of rules by the toll plazas.

Citing a recent judgement against a tollways company at the District Consumer Forum, city-based advocate Hari Om Jindal who fought the case said the cases related to complaints against tollbooths were being fought under the High Court and the fee for fighting such cases was several thousands, which was not always feasible.

Though the case was not being considered in the consumer court, he proved that the cases related to tollbooths on highways were consumer court cases because the public pays the price for using roads, a ‘consideration’ which was supposed to be maintained by the private company. Any wastage of fuel if it took more than six minutes, including paying the toll fee, at the tollbooth, or there are any puddles on the highway, or absence of toilet, the toll company can be held accountable for any deficiency at the road. It is a commercial deal for which commuters as consumers have paid the fee for using the ‘consideration’ — the road.

“On the account of this, it is the first case of its kind in India to be considered under the jurisdiction of the consumer court,” Jindal said.

“Any person seeking redressal of grievances against toll companies for deficiency on roads can seek it in the consumer court and this will be considered under the Protection to Consumer Act,” he said.

A consumer can seek redressal by paying around Rs 50 to file a consumer case, it will empower people.