Toll authority's liability to compensate for damages caused to the car

In august 2018 when I reached the toll Plaza booth at ,  Rewari , after got clearance from window when I moved forward asuddenly the boom barrier fell down and the front glass of my car got broken. The Glass was completely damaged because one bike crossed barrier before me. I called your office bearers done the complaint in office complaint book and shown them the incident and damaged glass of my car.They denied to compensate. I did complaint to project director NHAI and after enquiry , he wrote me letter in which he found complaint right and advised toll authority to pay. Toll authority again denied and i filed complaint in consumer forum.After 4-5 date toll authority filed reply in which they wrote that we have no relation of consumer and service provider and said authority has no area of jurisdiction. The incident happened in Rewari, i am resident of rewari but number of my car is of Gurgaon. Consumer court is in rewari where i filed case. Pl. suggest

Answers (2)

339 votes

The complaint has been rightly filed at district forum, Rewari. Rewari distt. Forum has proper jurisdiction in these circumstances. Let the toll authority deny the pleadings of complaint. Support the case with documents and put forward the latter by NHAI. Toll authority is the service provider for the streach of road for which it is collecting toll fee. Moreover the damage has been done on the toll itself and due to clear negligence of the barrier operater. Toll authority is also vicariously liable for the negligence of it's employee.

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77 votes

Rewari court has jurisdiction to try and decide your complaint because the cause of action arises at Rewari so the Consumer Dispute Redressal Form has got jurisdiction and one thing more call an RTI from the toll authority of the register where u made the complaint and the mechanical opinion.

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