One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: You have multiple options — file a criminal complaint for cheating under Section 318 BNS with the local police, lodge a complaint with the RTO for licence-related irregularities, and simultaneously approach the Consumer Commission for deficiency in service to recover your money. A coordinated legal strategy works best.
Rohit Joshi, an IT professional from Vijay Nagar, Indore, paid ₹28,000 to a neighbourhood driving school in early October 2024. The school — calling itself City Wheels Driving Academy — quoted ₹9,000 for driving lessons plus licence processing, and another ₹10,000 for RC transfer with hypothecation removal. What followed was a series of demands. First, the school insisted on an additional ₹9,000, claiming the RTO would not clear the driving test without a “processing fee.” Rohit paid. Nothing moved. The licence didn’t arrive. The RC transfer sat pending for weeks. Rohit’s earlier efforts to get the school to refund or deliver got him nowhere — the owner stopped taking calls. That’s when he was referred to the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao’s office took a two-pronged approach. A criminal complaint under Section 318 BNS (cheating) was drafted, backed by payment receipts and WhatsApp messages showing the explicit demand for a test-approval bribe. The matter was also structured as a consumer dispute before the District Consumer Disputes Redressal Commission. This dual strategy put real pressure on the school. Within a month, the school refunded ₹20,000, the licence application was cancelled, and the RTO initiated an independent verification of the school’s credentials. Domain-specific experience in consumer and criminal overlap matters was key — earlier attempts to go only through the RTO had stalled completely.Key Facts of the Case
- Amounts Paid: ₹28,000 in total — ₹9,000 for lessons + licence, ₹10,000 for RC transfer and HP removal, and an additional ₹9,000 demanded as RTO processing bribe.
- Services Promised: Driving licence, driving classes, RC ownership transfer, hypothecation removal.
- Misrepresentation: The school claimed the extra ₹9,000 was necessary to get the driving test approved at the RTO — a classic case of cheating by inducement.
- Evidence Gathered: UPI payment records, chat transcripts, and a voice note from the school owner acknowledging the bribe demand.
- Legal Routes Deployed: FIR for cheating under BNS, consumer complaint for deficient service, and a formal complaint to the Regional Transport Office.
- Key Outcome: Partial refund of ₹20,000, cancellation of the licence process, and RTO inquiry into the driving school’s licence.
The Direct Legal Answer
Which authorities should I complain to?
You have three parallel forums. First, file a criminal complaint at the police station where the driving school is located for cheating under Section 318 BNS. Second, file a complaint with the Transport Commissioner or the concerned RTO — especially if the school promised to “approve” a test through money. Third, file a consumer complaint before the District Consumer Disputes Redressal Commission for deficiency in service and unfair trade practice, seeking full refund plus compensation.
Should I approach the police, RTO, or consumer commission?
All three. And here’s the thing, the police complaint addresses the criminal fraud, the RTO can cancel or suspend the school’s licence, and the consumer forum gets your money back. Advocate Sudhir Rao’s experience in such overlapping matters shows that relying on any single forum often leads to delays; simultaneous action forces accountability.
Has anyone else had a similar experience with this driving school?
Yes. Once the consumer complaint or FIR is registered, the investigating agency may look into other victims. If you know others, it strengthens the case — multiple complainants make it harder for the opposite party to claim an isolated mistake.
Advice in Such Cases
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 to 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.
Do not delay. The moment you realise you’ve been cheated, screenshot every chat, secure payment proofs, and get the FIR drafted. Criminal complaints in cheating cases become weaker if too much time passes.
Avoid confronting the school owner alone. That can tip them off to destroy evidence. Let your advocate handle the communication. Matters like these demand advocates who handle both criminal and consumer side regularly — general practitioners may miss the procedural overlap that helps build pressure.
Applicable Sections of Law
The core criminal provision is Section 318 BNS (cheating). If money was taken with no intention to perform the service, Section 316 BNS (criminal breach of trust) may also apply. Under the Consumer Protection Act, 2019, the school’s acts constitute deficiency in service and unfair trade practice — a complaint under Section 35 of that Act is maintainable. For RTO irregularities, the Motor Vehicles Act, 1988 empowers the licensing authority to revoke a driving school’s licence.
Punishment and Penalties
Cheating under Section 318(2) BNS is punishable with imprisonment of either description for up to three years, plus a fine. Criminal breach of trust under Section 316 attracts imprisonment up to five years, a fine, or both. Both are cognizable offences — the police can arrest without a warrant. While Section 318 is non-bailable, the accused can apply for regular bail. The offence is compoundable with the permission of the court, meaning settlement is possible if the victim agrees.
Jurisdiction — Where to File the Case
The FIR must be lodged at the police station having territorial jurisdiction over the place where the offence occurred — typically where the driving school is located, or where the money was handed over. For the consumer complaint, jurisdiction lies where the opposite party resides or carries on business, or where the cause of action wholly or partly arose. The RTO complaint goes to the authority that licensed the school. Choosing the right forum is critical because a wrong filing gets dismissed on technical grounds.
What if Police Refuse to File FIR?
If the police station refuses to register the FIR, you have clear options. First, send a written complaint to the Superintendent of Police under Section 173(4) BNSS — the SP can then direct registration and investigate. If that fails, you can move a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The Magistrate can order investigation and issue process. As a last resort, a writ petition under Article 226 before the High Court can compel the police to act. Each of these steps usually gets the FIR registered within a week if pushed properly.
Rights of the Accused
- Right against self-incrimination under Article 20(3) — they cannot be forced to confess.
- Right to legal representation — if arrested, they must be allowed to consult a lawyer of their choice.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to receive a copy of the FIR immediately upon lodging.
- Right to be informed of the grounds of arrest at the time of arrest.
Bail Provisions
Cheating under Section 318 BNS is non-bailable, but regular bail under Section 480 BNSS can be granted by the Magistrate. If the accused anticipates arrest, they can apply for anticipatory bail under Section 482 BNSS. Bail conditions typically include cooperating with investigation, not tampering with evidence, and appearing before the Investigating Officer when called. Given that these cases often turn on documentary evidence, bail is usually granted unless there’s a flight risk.
Quashing of FIR / Case
The High Court can quash the FIR under Section 528 BNSS if no prima facie offence is made out, or if the dispute is purely civil in nature dressed up as criminal. The ground of a settlement between the parties is often used — since cheating is compoundable with court permission, a joint compromise petition can lead to quashing. This strategy works well when the accused refunds the entire amount and the complainant is satisfied.
If You Are the Victim
- Collect every piece of evidence — screenshots, bank statements, receipts, audio messages — before the other side deletes them.
- Go to the police station with a typed complaint; insist on an acknowledgment.
- File a complaint with the RTO simultaneously, attaching the proof of bribe demand.
- Keep a record of all follow-ups and the names of officers you meet.
- Engage an advocate early — hesitation only weakens your position.
Documents You Must Keep Ready
- Identity proof (Aadhaar or PAN card)
- Receipt or invoice from the driving school showing amount paid
- Bank or UPI transaction records (Gpay, PhonePe, etc.) with timestamps
- Chat messages or call recordings where the school demanded extra money for licence approval
- Copy of the driving licence application or learner’s licence
- Any promissory note or written undertaking from the school
- Photographs of the school board, location, and any publicly displayed licence
- A written timeline of events for your advocate
What Evidence Is Required?
- Primary evidence: original payment receipts, bank statements, digital transaction logs. These directly prove the exchange of money.
- Electronic records: WhatsApp chats, SMS, emails — capture screenshots with timestamps and phone number visible.
- Call recordings: if legally obtained, they can be played in court; keep the original recording and transcript.
- Witness statements: neighbours or friends who accompanied you or heard the promises.
- Demand for bribe: any message asking for a fee to “clear” the test is the strongest piece of evidence for cheating.
- Licence status: an RTI query to the RTO can reveal whether the school is registered.
How the Police Behave in Such Cases
In cheating matters involving smaller amounts, police officers may initially treat it as a civil dispute and try to avoid registering an FIR. But the moment bribery of a public servant (the RTO test) is alleged, the tone changes — it becomes a serious cognizable offence. A well-drafted complaint supported by electronic evidence, filed through an advocate who understands criminal procedure, significantly reduces the chance of the FIR being stalled. Without legal backing, complainants often face casual handling.
Timeline of Legal Process
- FIR Registration: 0–7 days if approached with a proper complaint; up to 2–3 weeks if police resist and escalations are needed.
- Investigation: 60–90 days for chargesheet; police may seize school records and question staff.
- Cognizance and Summons: Once the chargesheet is filed, the Magistrate takes cognizance and issues process — another 4–6 weeks.
- Framing of Charges: 4–8 weeks after appearance of accused.
- Trial: 6 months to 1 year if contested; documentary evidence speeds it up.
- Consumer Commission Complaint: Hearing within 3–6 months, order within 6–9 months in many districts.
How Long Will the Investigation Take?
Typically, the police aim to file a chargesheet within 90 days from the date of arrest or registration of FIR. In cheating cases, investigation is largely document-based, so it can wrap up sooner — often within 60 days. Delays happen if the school owner absconds or if multiple victims need to be examined.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. Since cheating under Section 318 BNS is compoundable with the permission of the court, once an FIR is registered, the accused often comes forward to settle. The parties can enter into a compromise deed, refund the money, and then jointly apply for quashing or compounding. The Consumer Commission also encourages mediation — many cases are resolved in pre-litigation Lok Adalats. Settling early saves time and money, but don’t agree to a settlement without recovering the principal amount and at least some compensation.
Common Mistakes People Make
- Delaying the complaint — evidence vanishes and the school may shut down or relocate.
- Confronting the school owner on their own — this often results in deleted messages and threats.
- Not preserving digital evidence; people delete chats out of anger, losing the best proof.
- Filng a complaint only with the RTO — the RTO can fine or cancel the licence but won’t recover your money.
- Hiring an advocate without experience in both criminal and consumer law — the interlinking of these fields is subtle and a general practitioner might miss the need for a simultaneous consumer notice.
- Posting details on social media before filing — this can backfire if the other side files a defamation complaint.
FAQs People Normally Have
Can I get a full refund from the driving school?
If you prove deficiency of service and misrepresentation, the Consumer Commission can direct a full refund with interest and compensation. The criminal court can order restitution under Section 398 BNSS as part of the sentence.
What if the driving school doesn’t have a valid licence?
That’s a violation of the Motor Vehicles Rules. The RTO can seal the school and impose a penalty. It also strengthens your consumer complaint — operating without a licence is a per se unfair trade practice.
Will I have to appear in court many times?
In consumer matters, you can authorise your advocate to appear on your behalf. In criminal cases, your presence may be required for a few key hearings, but a good advocate minimises unnecessary appearances.
Is it worth going to court for ₹28,000?
Absolutely. Beyond the money, there’s the principle — and the consumer forum allows you to claim litigation costs and mental agony compensation. The criminal case acts as a strong deterrent for the opposite party.
Can I file anonymously?
An FIR requires your identity. You can request the police to keep your identity confidential if you fear retaliation, but that is discretionary. In consumer complaints, your name will appear on the order.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India