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NHAI fined Rs 17,000 for wrongly charging Rs 40 toll tax from disabled woman

The complainant, Geeta, a resident of Sector 27, Chandigarh, stated in her petition that she had purchased a brand-new car under the Divyangjan scheme.

Geeta said that on April 28, 2024, while traveling with her family to Kasauli (Himachal Pradesh), she was not charged any toll. However, on her return journey to Chandigarh, she was stopped at the Chandimandir Toll PlazaGeeta said that on April 28, 2024, while traveling with her family to Kasauli (Himachal Pradesh), she was not charged any toll. However, on her return journey to Chandigarh, she was stopped at the Chandimandir Toll Plaza (Representational Image, Express Archives)

The District Consumer Disputes Redressal Commission of Chandigarh has penalised the National Highways Authority of India (NHAI) for wrongly charging Rs 40 in toll tax and allegedly humiliating an orthopaedically disabled woman at the Chandimandir Toll Plaza. The Commission has directed NHAI to pay Rs 17,000 to the complainant.

The complainant, Geeta, a resident of Sector 27, Chandigarh, stated in her petition that she had purchased a brand-new car under the Divyangjan scheme. As per government policy, “adapted vehicle” was marked on the car’s registration certificate (RC), which exempted it from toll tax.

Geeta said that on April 28, 2024, while traveling with her family to Kasauli (Himachal Pradesh), she was not charged any toll. However, on her return journey to Chandigarh, she was stopped at the Chandimandir Toll Plaza. Despite showing her RC, the toll staff allegedly demanded a medical certificate or asked her to step out of the car and walk in front of them.

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Her counsel argued that despite her vehicle being in the toll-exempt lane, NHAI forcibly deducted Rs 40 from her FASTag account on April 28, 2024. She immediately called NHAI’s customer care and lodged a complaint about the unlawful deduction and the alleged misbehaviour by the toll staff. However, she claimed that her complaint was closed without any redressal. She also sent an email on April 29, 2024, but received no response.

Despite being served notice, NHAI did not appear before the Chandigarh Consumer Commission, and on August 16, 2024, the case proceeded ex-parte.

After reviewing the documents, the Commission ruled that Geeta had registered her vehicle in compliance with all requirements and was entitled to toll exemption under government guidelines. “There was no reason to charge any toll tax from the complainant,” it stated.

The Commission also pointed out that if her vehicle was exempted from toll on her way to Kasauli, there was no justification for charging her Rs 40 on the return journey the same day.

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The bench of Surjeet Kaur (Presiding Member) and Brij Mohan Sharma (Member) noted, “The complainant has narrated in detail her tale of woes and the agony and embarrassment suffered at the toll plaza. When the Government of India, with a view to assisting persons with disabilities, provides various benefits and incentives, the toll staff’s actions—charging toll in violation of guidelines—are not only illegal but also amount to gross deficiency in service and unfair trade practice.”

The Commission directed NHAI to refund Rs 40 to the complainant, pay Rs 10,000 as compensation, and Rs 7,000 as litigation costs.

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