KOCHI: The Consumer Dispute Redressal Commission, Ernakulam, has dismissed an application filed by a PWD contractor against a petition filed by a woman, who had met with an accident, seeking compensation. The commission held that a citizen who pays for the construction and maintenance of the road, including road cess, should have the right to travel on a quality road.
The complainant fractured her right hand and sustained other injuries after she fell from a scooter on the Thodupuzha-Muvattupuzha route, due to alleged poor quality in the re-tarring of the road.
The contractor argued that the complaint of the woman is not maintainable before the commission, as the complainant does not qualify as a consumer within the definition of Section 2(7) (1) of the Act 2019. However, the commission rejected the contractor’s demand for exemption from liability for compensation for accidents due to defects in road construction.
“The purpose of the Consumer Protection Act is to protect the interests of the consumers. It also includes the services provided by the government institutions. The nature and defects of the service should be examined by whoever is providing it,” the commission headed by D B Binu observed.
It also stated, “The purpose of motor vehicle taxation is twofold: it is both regulatory and compensatory. The tax revenue is used to fund the construction and maintenance of roads, as well as to regulate traffic flow. Therefore, it can be inferred that taxes are only imposed on vehicles that use roads and not on those that do not use them.”
Meanwhile, the commissioner of Road Safety Authorities and the Muvattupuzha PWD assistant engineer confirmed that the contractor repaired the cracks on the road without prior notice and that they do not pose a safety risk.
The superintending engineer of PWD Roads Central Circle Aluva issued a completion certificate for the road work indicating its satisfactory completion on January 15, 2021. The defect liability period for the work extends for two years from the completion date. The case was adjourned to March 22 for further proceedings.