'Deficiency in service': Consumer panel orders NHAI to compensate motorist over pothole damage

A consumer commission in Maharashtra's Nagpur has held that collecting toll fees without ensuring well-maintained roads amounts to a "deficiency in service". It directed the National Highways Authority of India to compensate a motorist whose vehicle was damaged after hitting potholes, as cited by PTI.In an order passed earlier this month, the District Consumer Disputes Redressal Commission, Nagpur, said 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 added.According to the complaint, the motorist was travelling from Nagpur in Maharashtra to Chhindwara in Madhya Pradesh on October 2, 2020, after paying the prescribed toll fee, when his car hit a deep pothole on the highway. He alleged that the impact severely damaged the vehicle's steel wheel rim and dislodged the tyre.The complainant said he completed the remainder of the journey using the spare tyre and had to extend his stay by a day to get the vehicle repaired.He further alleged that toll plaza staff refused to provide a complaint register on his return journey, claiming that the official in charge was unavailable. Although he later served a notice on the highway authorities seeking reimbursement of the repair expenses, he claimed no action was taken.Subsequently, he approached the consumer commission, alleging deficiency in service by NHAI and seeking compensation for the losses incurred.In its written submission, the NHAI's Chhindwara unit acknowledged the presence of potholes on the road, attributing them to heavy rainfall and high traffic volume, and said repair work was under way at the time of the incident.While expressing regret over the inconvenience caused to the complainant, the authority urged the commission to dismiss the case, contending that the motorist had failed to produce evidence showing the vehicle had been regularly maintained.Rejecting the NHAI's defence, the commission held that a consumer is not required under the Consumer Protection Act to produce records of regular vehicle maintenance. It said establishing that the damage was directly caused by the potholes was sufficient to sustain the complaint.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," the commission ruled."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," it added.The commission directed the unit to pay the complainant Rs 1,030 towards vehicle repair and toll reimbursement, Rs 10,000 as compensation for mental and physical distress, and Rs 5,000 towards litigation costs.The commission directed the NHAI to pay the compensation within 45 days.Get the latest India news and live updates. Download the TOI App.