The mishap had occurred at Delhi-Gurgaon Super Connectivity Ltd (DGSCL)-run toll plaza, which has been asked to pay the sum to East Delhi resident Abhinav Sharma by New Delhi District Consumer Disputes Redressal Forum.
Rejecting the toll plaza's contention that the commuter hit the barrier, the bench presided by C K Chaturvedi said he could not have hit the barrier if it was blocking the path.
"The documents filed by opposite party (toll plaza), the copy of complaint made by complainant (Sharma) at the spot after falling of boom barrier, are facts which leave no doubt about the incident. It is not explained how the barrier came down again, within two seconds of earlier vehicle leaving the toll gate. Surely complainant did not hit the boom when it was acting as barrier in horizontal position," said the forum.
"We hold opposite party deficient in service at toll gate. We award a sum of Rs 7,500 to complainant towards damage and harassment and Rs 2,500 as litigation expenses," it added.
Sharma in his complaint had alleged that on May 19, 2010 evening, during his return from Gurgaon, the barrier rod fell on his car's roof when he was crossing the gate after paying the fee of Rs 20.
After the mishap, he said, the booth personnel behaved rudely with him while plaza authorities later assured him of compensation but did not keep their promises.
The plaza authorities in their defence had contended that he did not maintain proper distance from the vehicle ahead of him and had just rushed forward within two seconds.
