Contractor who built a road too is responsible for accidents due to potholes, during defect liability period (DLP), the Ernakulam District Consumer Disputes Redressal Commission has ruled.
This is because government departments too fall under the ambit of the Consumer Protection Act, the commission said while dismissing a plea by contractor that he be excluded from the liability of paying compensation to a motorist who sustained injuries in an accident. He further contended that the motorist could not approach the consumer panel in this regard.
Motorists have every right to travel through safe and well-maintained roads since they pay road cess, apart from (a host of) taxes that are aimed at constructing and maintaining good-quality roads, ruled the Bench comprising commission president D.B. Binu and members Vaikom Ramachandran and T.N. Sreevidya in an interim order.
The order came on a petition filed by Muvattupuzha-native Shiji Joshi who sustained grievous injuries in an accident on the Thodupuzha- Muvattupuzha PWD road in March 2021, while riding a two-wheeler. The contractor, George Vellamattom, contended that the petition was not maintainable before the commission, saying that well-maintained roads did not come under the definition of ‘service’ mentioned in the Act.
Ms. Joshi had filed the complaint against the PWD engineers concerned, the Commissioner for Road Safety – Kerala, and the contractor, saying how potholes that developed on the road within two months of it being resurfaced and the two-year defect liability period, caused the accident in which the woman suffered twin fractures in her right arm and needed three surgeries. Over ₹1.50 lakh had to be spent on the surgery. Furthermore, the accident affected her earning capacity through tailoring. The Vazhakulam police failed to take follow-up action on a first information report (FIR) filed in this regard, she said and claimed ₹8.50 lakh as compensation.
The PWD submitted before the commission that the contractor concerned was to be held responsible for accidents related to the road condition during the DLP, as per the PWD Manual.
The case has been posted for next hearing on March 22.