Potholes on highway near Khanna damage car, toll operator fined Rs 50,000

Jalandhar, November 2

The District Consumer Disputes Redressal Commission, Kapurthala, has imposed a fine of Rs 50,000 with 8 per cent interest per annum on Soma Isolux NH One Tollways Pvt Ltd for damage caused to the car of a Ludhiana-based resident due to potholes near Khanna on the Panipat-Jalandhar National Highway.

The complainant, Smita Jindal of Kitchlu Nagar, had filed a complaint with the commission in November 2016. In the complaint, she said on January 6, 2015 she travelled from Ludhiana to Delhi via Chandigarh and Karnal and thereafter returned to Ludhiana via Ambala, Rajpura and Khanna on January 10, 2015.

No warning signs

There were no warning signs placed near potholes at Khanna on the Panipat-Jalandhar National Highway. The potholes damaged two tyres of my car and also deteriorated its general condition. —Smita Jindal, Ludhiana resident

Pvt firm liable

Soma Isolux, being a concessionaire of the NHAI, has entered into an agreement with the authority for maintenance of roads. It is, therefore, liable for the loss suffered by the complainant. —Lalit Pathak, Consumer panel head

She said she experienced a rough ride and encountered many potholes, which appeared suddenly. “There were no warning signs placed near the potholes. At some points the potholes were so deep that they provided sudden shock and jerk and resulted in fear of accident and anxiety. The potholes at Khanna damaged two tyres of my car and also deteriorated its general condition, including loosening of nuts and bolts”, she added.

She further said due to the poor condition of the road, she travelled in fear, and even her life was at risk as some potholes were so deep that she could have met with an accident. “Therefore, I decided to compensate for the mental stress I had gone through, and decided to serve legal notice to the National Highway Authority of India and to all toll operators or firms that were on the route”, she said.

The notice of the complaint was sent to NHAI and the toll operators, who in their replies presented their facts and arguments. The NHAI maintained that it is responsible for the construction, maintenance and operations on the highways through its concessionaires who charge a fee from the user of the highway and in this manner they are termed as service providers. However, Soma Isolux in its reply said they were only concessionaire of NHAI and doing maintenance of highways and collection of tolls on their behalf and under their instruction, therefore, no complaint stood ground against them.

Meanwhile, commission president Lalit Pathak, in the judgement observed that as Soma Isolux being a concessionaire of the NHAI had entered into an agreement with it for maintenance of the roads, and as such it was liable for the loss suffered by the complainant.