National Highway Authority of India will not be permitted to violate Indian Tolls Act : both the chairman and the secretary road transport ministry should be held liable
There have been numerous instances of NHAI violating the Indian Tolls Act through their toll collecting agencies. The Department of Military Affairs must issue necessary directions on this to all concerned . The Adjutant General , The Chief of Personnel and The Air Officer In Charge Personnel must be directed to be very strict in this matter and any violation of Toll acts by NHAI with respect to Defence Personnel should be prosecuted at the HQ level . This menace has to be stopped and guilty officials of NHAI must get punished for any violations .
A recent verdict of a Consumer Court is very clear . However such things should not be left to individual officers and men . Area and Sub Area HQ must be made responsible to ensure thatno one is able to violate these Toll Tax laws . The law is very clear . Acopy of the judgement is given below .
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, SIKAR
COMPLAINT NO. 512/2015
President Mahendra Kumar Agrawal
Member Dr. Pradeep Kumar Joshi
Ajanya Chaudhary S/o Sukhveer Singh Resident of Azad Nagar, Nawalgarh Road, Tehsil & District Sikar, Rajasthan. Present- Flying Officer IAF, Jorhat, Assam.
– Complainant
VERSUS
- Additional District Collector, Authority Officer, NHAI Sikar, Rajasthan.
- Project Director, NHAI, Reengas-Sikar Expressway Office, Jhunjhnu Byepass Road, Sikar, Raj.
- Manager, Akhepura Toll Plaza NH-11, Reengas Sikar Expressway, Akhepura, Sikar, Rajasthan.
– Opposite Parties
COMPLAINT UNDER SECTION 12, CONSUMER PROTECTION ACT 1986
– Date : 27.02.2018 :: JUDGMENT ::
Complainant Ajanya Chaudhary filed a complaint against Opposite parties under section 12 of Consumer Protection Act-1986.
- The matter presented by the complainant in brief is such that the complainant is presently serving as a Flying Offr in IAF. He reached Jaipur on 25.07.2015 during his authorised lve and he proceeded from Jaipur to Sikar through the veh No. RJ23CA0026 which is regd in the name of Father of the complainant. The Complainant showed his Service Identity Card to Party No. 3 when Party No. 3 asked for toll fee on Akhepura toll plaza at 20:41 Hrs. However, Party No. 3 refused to admit and forced the complainant to pay Rs. 35 vide receipt No. 362414. Though the complainant crossed the Tatiyawas toll Plaza on the same day while driving from Jaipur to Sikar and he was exempted from toll charges after explaining the toll exemption rules in vogue. But Partry No. 3 collected the toll charges unlawfully and detained the complainant. This act by Party No. 3 caused enough mental and physical harassment of the complainant. A legal notice to this effect was also served by the complainant to Party No. 3, however no satisfactory reply was provided. Forceful collection of toll fee from the complainant and denial of satisfactory reply by Party No. 3 is an act of inferiority in service.
Therefore, it is requested to admit the complaint of the complainant and refund of Rs. 35 as toll fee should be ensured alongwith mental, physical, social and financial loss charges amounting to Rs. 80,000 and litigation charges for filing the complaint.
- Despite of summon by Party No 01 none of the representative reported on 24.11.2016 and therefore one sided proceedings were implemented.
- Party No. 2 responded and objected that according to National Highway Fee (Determination of Rates and Collection) Rules 2008 section 11, the veh of the complainant does not falls under the exempted vehicle category. Therefore, the complaint produced by the complainant should be disregarded at this stage itself.
- Party No. 2 further added to their reply that the complainant was utilizing the car regd in the name of his father, taking advantage of his being in Defence Services, despite of not having an authorised veh on authorised duty for toll exemption which was not due to him as per rules in vogue.
Therefore, no inferiority in service was accorded by Party No. 02 and hence the complain lodged by complainant against Party No. 2 should be disregarded.
- Party No. 3 responded that toll tax collection on Akhepura toll Plaza situated on Reengas-Sikar
Expressway is on contractual basis year to year by NHAI. This toll Plaza is under agreement with M/s Shiva Corporation (India) Ltd wef 20.01.16 to 20.01.17 by NHAI. Therefore, this matter is not related to M/s Shiva Corp (I) Ltd. Apropos, complaint against Party No. 3 should be disregarded.
- We heard both the parties and perused the documents.
- There is no ambiguity that toll taxes are collected by representatives of NHAI on Akhepura toll situated on Reengas-Sikar Expressway. Also, there is no dispute that the complainant who is a serving Flying Offr was driving his personal veh car RJ23CA0026 to Sikar and reached Akhepura toll plaza at 20:41 hrs but despite of producing service identity card by the cpmplainant, a toll fee of Rs. 35/- was charged by employees of Party No. 3 vide receipt No. 362414.
- Party No. 2 through their talented advocate argued that according to NHAI Office Memorandum dated 17.06.2014 clause 2
“Exemption under the Indian Toll (Army and Airforce) Act, 1901 is available only to the persons who are ‘on duty’ and does not pertain to retired personals. No exemption is available on use of personal vehicle if it is not used for discharging purpose and duty even if it accompanies the said official. The exemption is available only on production of pass as specified in the Indian Toll (Army &
Airforce) Rules, 1942.”
10. Statement of Party No. 2 is that according to NHAI OM dated 17.06.2014 clause No 02, according to Indian Toll (Indian Air Force & Indian Army) Act-1901, exemption is only available for on duty defence person and not to retired employees. There is no exemption for personal vehs means pvt vehs are not exempted from toll taxes. We do not confer upon the objection raised by Party No. 2 since in this regard the complainant has produced a circular dated 21.10.2014 issued by Deptt of Legal Affairs, Ministry of Laws & Justice which states that
“Ministry of Law and Justice have indicated that Indian Tolls (Army &
Airforce) Act 1901 is a special Act which over rides general acts such as
National Highways Act 1956 and private vehicles of the officers, soldiers
And airmen of regular forces are exempted from paying toll irrespective
Of whether they are on duty or not.”
In this circular, marking Indian Toll (Army & Airforce) Act 1901, it is stated that Indian Toll (Army & Airforce) Act 1901 is a special Act which over rides NHAI Act-1956 and provides exemption to soldiers of Army and Airforce and their personal vehs whether they are on duty or not. This circular was not challenged by Party No. 2 and it is submitted that even if wrong toll tax collection has been implemented by employees of Party No. 3 than a penalty of Rs. 50/- should be devised as per Indian Tolls (Army & Airforce) Act 1901 section 5.
- We do not agree with the objection raised by Party No. 2 because circular dated 21.10.2014 produced by complainant is later than the OM dated 17.06.2014 produced bhy Party No. 2 by virtue of which it is clear that Offrs/soldiers of Indian Army/Airforce and their personal vehs are exempted from toll taxes. In this way Party No. 3 despite of complainant being a serving Airforce Offr and producing its proof charged a toll fee of Rs. 35/- operated by Party No. 2 is an act of inferiority in service by Party No. 2 and Party No. 3.
- Party No. 1 has no direct relation with Party No,2 and Party No. 3 therefore, there is na case of service lapse against Patry No. 1.
- Now the question is according to Indian Tolls (Army and Airforce) Act, 1901 section 5 levying of unlawful toll tax by Party NHAI, a sum of maximum Rs. 50/- is applicable.
This forum is of the opinion that Consumer Protection Act 1986 provides an additional relief. Under this act, this forum is vested with powers to issue dirns to provide Relief Fund. Complainant who was a serving as a Flying Offr in IAF. Indian Air Force being a proud to the nation and safeguards the citizens during the war and natural calamities. Saving our citizens by guarding borders of the country. In this way the complainant is serving as a Flying Offr and doing service to the nation. But misbehavior by Party No. 3 at toll plaza operated by Party No. 2 and collection of Rs. 35/- is a matter of serious concern and is illegal and therefore the above stated amount is liable to refunded to the complainant.
- A sum of Rs. 10,000/- against mental agony to the complainant by Party No. 2 and 3 is found suitable. And directions to deposit Rs. 10,000/- in State Consumer Welfare Fund, Jaipur by Party No. 3 for this act is found suitable. In this way, on the basis of above discussion, the complaint of the complainant is admissible.
ORDER
Apropos, Complaint by Complainant against Party No 2 and 3 solely and jointly is accepted and Party No. 2 and 3 are hereby directed to refund a sum of Rs. 35 collected against toll tax to the complainant within one month of issue of this order. In addition, complainant is to be reimbursed with a sum of Rs. 10,000/- as mental agony and Rs. 3,000/- as litigation charges. Further, Party No. 3 is directed to deposit a sum of Rs. 10,000/- in Sate Consumer Welfare Fund, Jaipur.
Complain against Party No. 1 is hereby dissolved.
Judgment dated 27.02.2018
