A Haryana consumer commission directed a toll plaza and its associated construction company to pay Rs 6,800 to a motorist who was allegedly charged twice for the same toll and denied a refund.
According to The Indian Express, the Panipat District Consumer Disputes Redressal Commission found that the man was charged Rs 130 against a toll of Rs 65, while another Rs 65 was subsequently deducted from his Paytm wallet. The commission held that retaining the additional amount after the consumer sought a refund amounted to deficiency in service.
The Indian Express reported that the commission ordered the respondents to pay Rs 1,300 for the amount involved and Rs 5,500 for compensation and costs.
The order was passed on September 29 by a bench comprising president RK Dogra and members Rekha Chaudhary and Vineet Kaushik.
Motorist says toll was deducted twice
The Indian Express reported that the dispute dates back to June 2023, when the complainant was travelling with his family toward Gohana in Haryana.
According to his complaint, a toll plaza employee told him that there was insufficient balance in his Paytm wallet and charged him Rs 130 as a double toll, although the applicable toll was Rs 65.
The motorist said he had sufficient balance in his wallet and disputed the additional charge.
Around five minutes later, he received a notification showing that another Rs 65 had been deducted from his Paytm wallet.
He approached the toll plaza staff and sought a refund of the excess amount. However, he alleged that the staff refused his request and used abusive language.
After a legal notice failed to resolve the dispute, he approached the consumer commission alleging deficiency in service and unfair trade practice.
Toll operator blames FASTag issue
The toll plaza and the associated construction company disputed the allegations. They claimed the FASTag was not functioning properly and that the balance was not displayed after the vehicle was scanned.
The respondents said the motorist verified the issue and subsequently paid the toll. They also disputed his claim that he sought a refund before approaching the commission.
Payment records establish double deduction
The commission examined documents submitted by the motorist, including the Paytm transaction record and toll receipt.
It found that the evidence established the Rs 65 toll was deducted twice within about five minutes, resulting in a wrongful additional deduction.
The commission stated it was the respondents’ responsibility to return the excess amount once the wrongful deduction was established.
It also noted that the complainant’s evidence remained unrebutted as the respondents failed to lead evidence despite being given several opportunities.
“It is a clear-cut case of deficiency on the part of the respondents,” the commission observed.
The commission rejected the respondents’ objection to the complaint’s maintainability, holding that the motorist established his case through “cogent and convincing evidence”.
Rs 6,800 relief ordered
The commission directed the respondents to pay Rs 1,300 for the amount involved and Rs 5,500 for compensation and costs. The total relief came to Rs 6,800.
Takeaway
The case notes the importance of retaining electronic payment records when disputing toll deductions.
Where FASTag, wallet or bank records establish that a toll has been deducted twice, the operator cannot retain the additional amount without justification. The commission’s order also shows that documentary evidence of the transaction can help a consumer establish a claim when the service provider disputes the alleged wrongful deduction.