Poor roads despite toll is deficiency in service, says consumer panel; asks NHAI to pay to motorist

MUMBAI: A consumer commission in Maharashtra's Nagpur has held that failing to provide well-maintained roads despite collecting toll fees constitutes a "deficiency in service," and directed the NHAI to pay a compensation to a motorist whose vehicle was damaged due to potholes.

The District Consumer Disputes Redressal Commission, Nagpur, in an order passed earlier this month, underlined that "providing a safe and motorable road by charging toll fees is the responsibility of the toll collecting company/authority.

"Collecting toll and providing a bad road is a deficiency in service," it ruled.

The commission directed the National Highways Authority of India (NHAI)'s Chhindwara Project Implementation Unit to pay Rs 1,030 for vehicle repair and toll reimbursement, alongside Rs 10,000 for mental and physical agony and Rs 5,000 towards litigation costs to the complainant.

As per the complainant, he was traveling from Nagpur (in Maharashtra) to Chhindwara (in Madhya Pradesh) in his car on October 2, 2020, after paying the requisite toll.

During the journey, the vehicle hit a sharp, deep pothole, which severely bent the steel wheel rim and forced the tire out, he claimed.

The complainant stated that he had to complete his onward journey on a spare tyre and was forced to extend his stay by an extra day to get the vehicle repaired.

Furthermore, on his return journey, toll plaza operators failed to provide him with a complaint book, stating that the official in charge was away, the complaint said.

He had sent a notice to the highways authorities seeking only the expenses incurred by him in repairing the vehicle, but claimed that authorities "having a habit/tendency of ignoring people's problems," ignored that too.

He, therefore, approached the commission, alleging that the NHAI was deficient in service and he was entitled to get compensation.

In its written reply, the NHAI Chhindwara unit admitted the existence of the potholes, attributing them to heavy rains and traffic density, and stated that repair work was underway at the time.

It expressed regret for the trouble caused to the complainant, but sought dismissal of the case, arguing that he had failed to provide proof of regular vehicle maintenance.

The commission rejected NHAI's defence, stating that under the Consumer Protection Act, a consumer is not legally bound to show regular maintenance records and proving direct damage caused by the potholes was sufficient.

While fixing the liability entirely on the NHAI Chhindwara project unit as the principal body responsible for that specific stretch, the commission dismissed the complaints against NHAI HQ and the local Nagpur office.

"Since the main responsibility of toll collection and road maintenance is of Opposite Party 2 (NHAI Chhindwara project unit), the responsibility for compensation is fixed on them," it said.

"It is the responsibility of Opposite Party 2 to provide a safe and well-maintained road by charging a toll fee. Therefore, it is our opinion that if the vehicle is damaged due to the bad condition of the road, it is a deficiency in service," the commission ruled.

The commission has given the authority 45 days to clear the compensation amounts.