If you are stuck in such a situation, here is what to do.
Mr. Alok Verma, a resident of Anandpur, finds himself in a frustrating situation. He successfully cleared his driving license test at the Regional Transport Office (RTO) in East Anandpur (AP05) over six months ago. Despite completing all necessary formalities and paying the required fees, he has yet to receive his physical driving license. When he checks the status on the national transport portal, it has been perpetually stuck on "PRINTING OF DL IN FORM 7 is PENDING" with no progress for months.
To seek answers, Mr. Verma filed a grievance on the official Sarathi Parivahan portal, but two months have passed without any response. His attempt to escalate the matter by filing a Right to Information (RTI) application through the state's online portal also hit a roadblock. He was unable to find the correct public authority, such as 'RTO' or 'Transport Department', in the dropdown menu, leaving him confused and unable to proceed. This administrative limbo has left him without a license and with no clear path to a resolution.
Advice in such cases
Visit the RTO in Person: Sometimes, a direct visit to the RTO where you passed the test can resolve the issue. Speak to the Assistant Regional Transport Officer (ARTO) and present all your documents.
File a Formal Complaint: Draft a written complaint detailing the entire timeline, including application numbers and grievance IDs. Submit it to the head of the RTO and the State Transport Commissioner. Ensure you get a stamped and signed acknowledgment of receipt.
Filing an RTI: If the online portal is confusing, you can file an RTI application offline. The Public Information Officer (PIO) for the RTO is typically located within the State Transport Department. Address the RTI to the PIO of the concerned RTO or the State Transport Department, asking for the specific reasons for the delay and the expected date of dispatch.
Consumer Complaint: The issuance of a driving license after payment of fees is a 'service' under the Consumer Protection Act, 2019. An inordinate delay constitutes a 'deficiency in service'. You can file a complaint in the District Consumer Disputes Redressal Commission.
Legal Notice: Sending a well-drafted legal notice through an advocate can often prompt immediate action from the department, as it signals your intent to pursue legal remedies.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
Applicable Sections of Law
This issue is primarily an administrative and service-related matter, governed by the following laws:
The Motor Vehicles Act, 1988, and Central Motor Vehicles Rules, 1989: These laws lay down the procedure and timeline for the issuance of driving licenses. The RTO is statutorily bound to follow these procedures.
The Right to Information Act, 2005: This Act empowers you to seek information from public authorities like the RTO regarding the status of your application, reasons for delay, and the officials responsible.
The Consumer Protection Act, 2019: This Act provides a remedy against 'deficiency in service'. The failure of the RTO to issue the license in a reasonable time after collecting fees falls under this category, allowing you to seek not only the license but also compensation for the harassment and any loss incurred.
If you are the complainant
Organize Your Documents: Keep a file with all relevant documents, including the application form, fee payment receipts, test pass certificate, screenshots of the online status, and copies of any grievances or complaints filed.
Maintain a Record: Document every interaction, including the date of your visit to the RTO and the name of the official you spoke with. This will be crucial evidence.
Follow the RTI Appeal Process: If your RTI is not answered within 30 days or the response is unsatisfactory, you can file a First Appeal with the First Appellate Authority within the same department. If that fails, a Second Appeal can be filed with the State Information Commission.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
If you are the victim
As the applicant who has paid for a service and not received it, you are the victim of administrative inefficiency and deficiency in service. Your primary goal is to get the license issued and potentially seek compensation for the trouble.
Quantify Your Loss: If the delay has caused you any monetary loss (e.g., a missed job opportunity that required a driving license), document it. This can be claimed as compensation in a consumer court.
Seek Redressal: Your primary recourse is not criminal but civil/administrative. Focus on using the RTI Act and the Consumer Protection Act to hold the department accountable.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
How the police behave in such cases
The police have no role in cases of administrative delays by the RTO. This is not a criminal matter, so approaching the police will not be fruitful. Their involvement would only be warranted if there are allegations of criminal acts like bribery, corruption, or fraud by RTO officials, which would require a separate complaint to be filed with an anti-corruption agency or the police.
FAQs people normally have
Is the digital copy of my license in DigiLocker or mParivahan valid?
Yes, as per the Motor Vehicles Act, electronic forms of your license are legally valid for traffic verification purposes. However, this does not absolve the RTO of its duty to provide you with the physical smart card you have paid for.Can I file a case against the RTO for mental harassment?
Yes, when filing a case in the consumer court for deficiency in service, you can claim compensation for mental agony, harassment, and litigation costs caused by the delay.What if the RTO claims the license was dispatched but I never received it?
You can file an RTI to ask for the postal tracking number (speed post details) and proof of dispatch. If it was lost in transit, the RTO is responsible for re-issuing it.
What evidence is required?
To build a strong case, you will need the following evidence:
The original application form for the driving license.
Receipts confirming payment of all fees.
The certificate or proof that you passed the driving test.
Screenshots of the online portal showing the "pending" status over a period of time.
Copies of any online grievances, complaints, or RTI applications you have filed.
Any written correspondence with the RTO.
How long will the investigation take?
This is not a police investigation. The timelines for resolution depend on the path you take:
RTI: The Public Information Officer must respond within 30 days. Appeals can take an additional 30-45 days each.
Legal Notice: A response to a legal notice is typically expected within 15 to 30 days. Often, this is the fastest way to get a resolution.
Consumer Court: A case in the consumer court can take anywhere from a few months to over a year, depending on the complexity and the caseload of the commission.
Advocate Sudhir Rao, Supreme Court of India