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: If your Fastag has been duplicated and your balance is being stolen, the bank and NHAI are legally obligated to act. You can file a police complaint for cheating, approach the consumer forum for deficiency in service, or file a civil suit for recovery. Having all transaction records and complaint timestamps is crucial.
The client, a resident of Indore, was using his Fastag issued by a major private bank linked to his Maruti Suzuki Baleno. He noticed something strange — the balance kept dropping. And dropping fast. Recharges weren't reflecting. Toll deductions showed exits he never took. He had proof — a neat timeline of toll locations he'd never visited. He complained to the bank first. Then to NHAI. Emails, calls, the works. The bank kept asking him to re-verify his vehicle documents. Over and over. NHAI forwarded the complaint back to the bank. A loop. A maddening, unproductive loop. He tried posting on social media, tagging everyone. No real help. That's when he approached the Chamber of Advocate Sudhir Rao. The office took a detailed look at his Fastag account portal — a duplicate tag had been issued using his chassis number, without his consent. The bank had activated it. Advocate Sudhir Rao and his office argued that this was a clear case of unauthorized duplication and resulting financial loss. They sent a formal legal notice to both the bank and the National Highways Authority of India, citing consumer protection rights and the bank's negligence. The expertise in handling such banking and electronic payment fraud cases proved critical. Within weeks, the duplicate tag was deactivated and the stolen balance was refunded. The matter was resolved without lengthy litigation.Key Facts of the Case
- The Fastag was registered to the chassis number, not the vehicle registration number.
- A duplicate Fastag was issued by the same bank using the same chassis number without the owner's consent.
- The owner had clear transaction records showing toll deductions at locations he never visited.
- Multiple complaints to both the issuing bank and NHAI yielded no resolution for weeks.
- The bank repeatedly requested vehicle re-verification instead of investigating the duplicate tag.
- A legal notice citing consumer protection and negligence was served to both the bank and NHAI.
- The duplicate tag was deactivated and full balance refunded within weeks of legal intervention.
The Direct Legal Answer
The right thing to do is to act on multiple fronts simultaneously. First, collect every piece of evidence — your Fastag account statements, recharge receipts, toll deduction details, and a timeline of all complaints with dates. Send a formal written complaint to the bank's nodal officer and NHAI's grievance cell, demanding details about who issued the duplicate tag and why.
Can I file a police complaint?
Yes. The unauthorized duplication and use of your Fastag to steal your balance constitutes cheating under Section 318 BNS. You can file an FIR at the police station having jurisdiction over where the duplicate tag was activated or where you reside. If the police refuse to file an FIR, approach the Superintendent of Police or file a private complaint before a Judicial Magistrate.
Can I approach the consumer forum?
Absolutely. The bank's failure to prevent unauthorized issuance of a duplicate Fastag and its refusal to resolve the issue is a clear deficiency in service. You can file a complaint before the District Consumer Disputes Redressal Commission for refund of the stolen amount plus compensation for harassment.
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.
Document everything. Keep a written record of every call, every email, every interaction. Do not rely on phone calls alone. Always follow up in writing. This type of electronic payment fraud involves nuanced banking regulations and evidentiary requirements that a general practitioner may not be fully familiar with. An advocate who regularly handles such matters will know exactly what evidence to gather and how to pressure both the bank and NHAI into action quickly.
Do not wait. The longer you wait, the more difficult recovery becomes. The duplicate tag is being used in real time, draining your balance daily.
Applicable Sections of Law
This case involves both criminal and civil remedies. For the criminal aspect, Section 318 of the BNS (Bharatiya Nyaya Sanhita) applies — cheating by personation. This covers the unauthorized duplication and use of your Fastag. Under the BNSS (Bharatiya Nagarik Suraksha Sanhita), you can file an FIR under Section 173 if the police refuse to register it. On the civil side, the Consumer Protection Act, 2019 provides for complaints regarding deficiency in service. The Indian Contract Act, 1872 governs the bank-customer relationship and the bank's duty of care. Additionally, the Payment and Settlement Systems Act, 2007 regulates electronic payment instruments like Fastag.
Punishment and Penalties
Under Section 318 BNS (cheating), imprisonment may extend up to seven years along with a fine in serious cases. For minor cases, imprisonment can be up to three years. The offence is cognizable — meaning police can arrest without a warrant. It is also non-bailable in its more serious form, giving the police power to arrest the accused. The offence is compoundable only with the court's permission, meaning you can settle the matter if the accused returns the money.
Jurisdiction — Where to File the Case
For a criminal complaint, file the FIR at the police station with territorial jurisdiction over where the duplicate tag was issued or where you incurred the loss. If your residence is where the loss occurred, that police station can also take the complaint. For a consumer complaint, file before the District Consumer Disputes Redressal Commission where the bank's branch is located or where you reside. Jurisdiction matters because a case filed in the wrong forum will be dismissed, costing you time and money.
What if Police Refuse to File FIR?
Police often resist registering an FIR in fraud cases where the amount is small. Here's what you can do:
- Send a written complaint to the Superintendent of Police (SP) under Section 173(4) BNSS, who can direct the station to register the FIR.
- File a private complaint before a Judicial Magistrate under Section 175(3) BNSS, who can order an investigation.
- As a last resort, file a writ petition before the High Court for a direction to register the FIR.
The key is to have a written record of your complaint so the authorities cannot claim you never approached them.
Rights of the Accused
If the person who duplicated the Fastag is caught, they have certain rights:
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
- Right to be informed of the grounds of arrest under Article 22(1).
- Right to consult and be defended by a legal practitioner under Article 22(1).
- Right to be produced before a Magistrate within 24 hours of arrest under Section 58 BNSS.
- Right to a copy of the FIR under Section 175 BNSS.
Bail Provisions
Section 318 BNS is non-bailable in its serious form, meaning bail is not a matter of right. The accused must apply for regular bail under Section 483 BNSS before the court of the Judicial Magistrate or Sessions Judge, depending on the stage of proceedings. Anticipatory bail under Section 482 BNSS is available if the accused apprehends arrest and can show they will cooperate with the investigation. Bail conditions typically include furnishing a surety and a bond, surrendering the passport, and not tampering with evidence. A skilled advocate can argue that the accused is not a flight risk and has no criminal antecedents to secure bail.
Quashing of FIR / Case
If the accused believes the FIR is baseless, they can approach the High Court under Section 528 BNSS (inherent powers) for quashing. Grounds for quashing include: no prima facie offence is made out, the complaint is frivolous or an abuse of process, or the matter has been settled between the parties. In Fastag fraud cases, quashing is rarely granted if there is clear evidence of unauthorized duplication and financial loss. But if the accused can prove the duplicate tag was issued through a genuine bank error and the amount has been refunded, the High Court may quash the proceedings.
How the Police Behave in Such Cases
Police often treat Fastag fraud as a minor financial dispute rather than a criminal offence. Expect pushback — they may tell you it's a "civil matter" or ask you to approach the bank first. Be firm and show them the criminal element: unauthorized access to your account, theft of funds, and identity misrepresentation. Provide them with the transaction records and complaint timeline. If the amount is small, they might still refuse. That's when you escalate to the SP or file a private complaint before a Magistrate.
Timeline of Legal Process
- FIR: Filed on the same day of complaint, but may face initial resistance.
- Investigation: Typically takes 30-90 days depending on complexity and the bank's cooperation.
- Chargesheet: Filed within 60-90 days if the accused is in custody; 180 days if not.
- Cognizance: Court takes cognizance within 30 days of chargesheet filing.
- Framing of Charges: Usually within 30-60 days of cognizance.
- Trial: Can take 6 months to 2 years depending on court backlog and evidence.
- Judgment: Pronounced after trial concludes.
- Appeal: Filed within 90 days of judgment.
How Long Will the Investigation Take?
A Fastag fraud investigation typically takes 30 to 90 days. The police need to collect transaction records from the bank, identify the duplicate tag's user, and trace the funds. The bank's cooperation is crucial — if they drag their feet, the investigation extends. If the duplicate user cannot be identified, the investigation may be closed as untraced, leaving you to pursue civil remedies against the bank.
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, if the duplicate tag user is identified and the amount is refunded, the matter can be settled. Section 320 CrPC (now analogous provisions under BNSS) allows compounding of certain offences with the court's permission. For a consumer complaint, a compromise can be recorded before the Commission. Mediation is also an option — the court may refer the matter to a mediation centre. Lok Adalat is another avenue for pre-litigation settlement. That said, if the bank's negligence is clear, a settlement that includes compensation for harassment is often better than a lengthy trial. But do not settle for just the stolen amount — include compensation for the time, stress, and effort you spent.
Common Mistakes People Make
- Relying only on phone calls and not creating a written record of complaints.
- Destroying or losing transaction records, recharge receipts, and toll deduction details.
- Posting on social media before approaching legal authorities — this can prejudice the case.
- Engaging an advocate who does not regularly handle banking and electronic payment fraud cases. This type of matter involves nuanced procedural and evidentiary strategies — from dealing with bank nodal officers to understanding the Payment and Settlement Systems Act. A general practitioner may miss critical deadlines or fail to gather the right evidence, weakening the case.
- Delaying action and letting the duplicate tag drain more balance before acting.
- Signing documents from the bank without reading them carefully — some banks try to make you sign a waiver.
FAQs People Normally Have
Can I get my money back without filing a case?
Yes, often a well-drafted legal notice to the bank and NHAI is enough to get the duplicate tag deactivated and the balance refunded. But you must have all evidence ready.
What if the duplicate tag user is from another state?
File the FIR at your local police station. They can transfer the investigation to the jurisdiction where the duplicate tag is being used. The cyber cell may also get involved if the fraud crosses state lines.
Can I claim compensation from the bank?
Yes. Under the Consumer Protection Act, you can claim compensation for the stolen amount plus damages for mental harassment and deficiency in service. Some banks have also been directed by the RBI to compensate customers for such frauds.
Is Fastag fraud common in India?
Unfortunately, yes. With the mandatory Fastag system, cases of duplicate tags and unauthorized issuance have risen. Many involve the chassis number being used to issue a second tag without the owner's knowledge.
How long does a consumer complaint take?
A District Consumer Commission typically resolves complaints within 3 to 6 months for simple cases. If the complaint is contested, it may take up to a year.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.