No fine if scanner fails, NHAI to pay Rs 10K to TN commuter

The order notes that the automated signal at the plaza was not functioning, and that staff were aware of the fault.
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CHENNAI: The Chennai (North) District Consumer Disputes Redressal Commission has ordered the National Highways Authority of India (NHAI) to pay Rs 10,000 in compensation after finding that staff at Athur Toll Plaza allegedly collected double the toll fee, including a Rs 70 penalty, from a commuter after erroneously claiming that their Fastag account had insufficient balance when in reality the plaza’s scanner was not working.

The complaint was filed by U Azarudin, a practising advocate, who said in his petition that his friend’s family was travelling from Erode to Chennai on February 20, 2025. Their vehicle was stopped at the Athur lane at 3.06 am and staff claimed their Fastag account showed ‘no balance’ and collected Rs 140, including a penalty, from them. However, the Fastag account had a balance of Rs 863 at the time, as per the petition. The order notes that the automated signal at the plaza was not functioning, and that staff were aware of the fault.

Fastag receipts submitted as evidence showed the tag had Rs 1,103 at Veeracholapuram and Rs 1,038 at Senkurichi shortly before Athur, demonstrating there was sufficient balance. The commission observed that instead of checking the balance manually, staff entered into a “wordy altercation” and the family faced public embarrassment during the exchange. The timing of the early morning incident was also taken note of in the order.

Referring to the amended National Highways Fee (Determination of Rates and Collection) Rules, 2008, the commission pointed out that a vehicle with a valid and adequately-funded Fastag must be allowed through without payment when the Electronic Toll Collection (ETC) system fails. A Zero Transaction Receipt must also be issued in such cases. The order states that this mandatory step was not followed at Athur.

The commission also recorded that NHAI did not respond to an earlier legal notice from the complainant and did not appear before the forum, leading to an ex parte order.

Holding the incident to be a deficiency in service, the panel directed NHAI to pay Rs 10,000 and to pay the cost of Rs 5000 towards litigation cost, within two months, with 9% annual interest on delay, the order read.

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