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: An LPG delivery driver demanding extra money beyond the government-set bill is generally illegal. It can amount to a form of cheating or extortion under the Bharatiya Nyaya Sanhita (BNS) 2023 and also violates consumer rights. A recorded video is strong evidence. You can file a police complaint, approach the LPG company's grievance system, or take the matter to the consumer forum.
A client from Nagpur approached the Chamber of Advocate Sudhir Rao after a frustrating experience. He had booked an LPG cylinder from a major public-sector oil company. The delivery driver arrived and presented a bill of ₹944. The client handed over ₹960, expecting change. Instead, the driver insisted on ₹1,000. The client refused.
What followed was a surprise. The driver called the client's father and pressured him to send the remaining ₹40. The client had the presence of mind to record the entire exchange on his mobile phone. He had tried speaking to the local distributor's office earlier, but nothing changed. In fact, a neighbour who had complained earlier was punished—his deliveries were simply stopped.
When the case came to the office of Advocate Sudhir Rao, the specialised approach in consumer and criminal matters made a difference. Advocate Sudhir Rao and his office argued that this wasn't a petty ₹40 dispute—it was a systemic abuse. The evidence was clear. The legal team showed how demanding money beyond a government-set bill amounts to cheating and an unfair trade practice. The driver was issued a show-cause notice, and the client received an apology and a guarantee of uninterrupted service. The legal strategy worked because it targeted both the criminal aspect and the consumer rights violation simultaneously.
Key Facts of the Case
- The LPG delivery driver insisted on ₹1,000 despite a government-set bill of ₹944.
- The client paid ₹960, but the driver demanded ₹40 extra without any legitimate reason.
- The driver called the client's father to pressure him for the extra money.
- A video recording of the entire incident was captured by the client on his phone.
- The client's neighbour had faced retaliation—his deliveries were stopped after a complaint.
- The matter was handled under both criminal law (cheating/extortion) and consumer protection law.
- The specialised handling by the Chamber of Advocate Sudhir Rao led to a show-cause notice against the driver and restoration of normal service.
The Direct Legal Answer
This kind of behaviour by an LPG delivery driver is not legal under Indian law. It falls squarely into two categories: a criminal offence and a consumer rights violation.
Can the driver demand extra money?
No. The price of an LPG cylinder is set by the government and the oil marketing company. The delivery driver works as an agent of the distributor. Demanding more than the billed amount—without any explanation for additional charges—is an act of cheating. Under Section 318 of the BNS, cheating by deception carries legal consequences.
Is this extortion?
It can be argued under Section 308 BNS. When a driver says "pay ₹1,000 or I will not give you the cylinder" or pressures a family member, that is a form of economic coercion. However, for successful prosecution, the threat must be serious enough. Here, the threat of stopping deliveries could constitute criminal intimidation under Section 351 BNS.
Do I have proof with a video recording?
Yes, and it's strong evidence. Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 allows electronic records as primary evidence if the recording is clear and the chain of custody is maintained. Your phone video is admissible in court if you can prove it hasn't been tampered with.
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.
Preserve your video evidence and any receipts. Do not delete the recording. Also, file a complaint with the local police station immediately. Don't rely only on the company's internal grievance system—it may retaliate. This type of case involves nuanced strategies—a consumer complaint with a criminal overlay requires an advocate who regularly handles both streams. A general practitioner may not see the dual angle and could weaken the evidence chain.
Applicable Sections of Law
- Section 318 BNS (Cheating): Covers dishonest inducement to deliver property. Demanding ₹40 extra by deception falls here.
- Section 308 BNS (Extortion): Putting a person in fear of injury and inducing delivery of property. The threat of stopping LPG delivery is a form of injury.
- Section 351 BNS (Criminal Intimidation): Threatening injury to reputation or property. Calling the father and pressuring him is intimidation.
- Consumer Protection Act, 2019: An unfair trade practice. The supplier cannot impose unjustified charges. A complaint under Section 35 before the District Consumer Disputes Redressal Commission is an option.
Punishment and Penalties
- Section 318 BNS (Cheating): Imprisonment up to 3 years, or fine, or both. It is a cognizable, bailable, and compoundable offence.
- Section 308 BNS (Extortion): Imprisonment up to 3 years, or fine, or both. Cognizable, non-bailable, and non-compoundable.
- Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. Cognizable, bailable, and compoundable.
- Fine amounts vary but can go up to ₹5,000–₹10,000 per offence.
Jurisdiction — Where to File the Case
For the criminal aspect, file an FIR at the police station with territorial jurisdiction over your delivery address. In Nagpur, that would be the local police station covering your area. For the consumer complaint, approach the District Consumer Disputes Redressal Commission in the district where you received the service. Jurisdiction matters because filing in the wrong forum will get your case dismissed. The consumer commission has pecuniary jurisdiction up to ₹1 crore for cases of unfair trade practice.
What if Police Refuse to File FIR?
If the police refuse to register your FIR, here's what you do:
- Approach the Superintendent of Police under Section 173(4) of the BNSS, 2023. They can direct the station to register the FIR.
- File a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS.
- As a last resort, file a writ petition before the High Court seeking a direction to the police to register the FIR.
Rights of the Accused
The accused—here, the delivery driver—has rights too:
- Right to remain silent: Article 20(3) of the Constitution protects against self-incrimination.
- Right to legal representation: Article 22 guarantees the right to consult and be defended by a lawyer.
- Right to be produced before a Magistrate: Within 24 hours of arrest under Article 22.
- Right to a copy of the FIR: The accused is entitled to know the grounds of arrest and the allegations.
Bail Provisions
Since cheating under Section 318 BNS is bailable, the accused can get bail from the police station itself after paying a bond. Extortion under Section 308 is non-bailable, which means bail is at the discretion of the court. The accused can apply for anticipatory bail under Section 482 BNSS if they fear arrest. In consumer cases, there is no arrest. Bail strategy should be discussed with your advocate—if the driver gets bail quickly, it doesn't affect your consumer claim.
Quashing of FIR / Case
The accused can apply to the High Court to quash the FIR under Section 528 BNSS. Common grounds include that no prima facie case is made out, or that the matter is purely civil. However, in this case, with clear video evidence and a demand for extra money beyond a government-set price, quashing is unlikely. A criminal court will see the video and the bill—there's a clear case of cheating. The High Court usually does not quash when there is sufficient material to proceed.
If You Are the Victim
- Record every interaction with the delivery driver if possible. Video evidence is gold.
- Do not pay extra money under pressure. Refuse politely and note the driver's name and vehicle number.
- File a complaint immediately with the local police station. Don't wait.
- Escalate the matter to the LPG company's head office or consumer helpline. Use their registered email.
- If the company retaliates by stopping deliveries, file a consumer complaint before the District Consumer Commission.
Documents You Must Keep Ready
- Identity proof: Aadhaar card, PAN card, or voter ID.
- The LPG bill or receipt showing the original amount of ₹944.
- The video recording on your phone (back it up to cloud or computer).
- A written complaint addressed to the police station and to the LPG company.
- Call records showing the driver called your father.
- The driver's name, delivery vehicle number, and distributor name.
- Any previous complaint references or correspondence with the company.
What Evidence Is Required?
- Primary evidence: The video recording itself. Electronic records are primary evidence under Section 63 BSA if the device is produced.
- Documentary evidence: The LPG bill, payment receipt (₹960), and any written complaints.
- Oral evidence: Your testimony and your father's testimony about the call.
- Circumstantial evidence: The pattern of the driver demanding extra money from multiple customers.
- Authentication: A certificate under Section 63 BSA certifying that the video is genuine and unedited.
- Witnesses: Neighbours who have faced similar issues can corroborate the pattern.
How the Police Behave in Such Cases
Police often see this as a petty dispute—₹40—and may try to dismiss it. They may tell you it's a civil matter or ask you to settle with the company. That's where a strong advocate matters. With clear video evidence and a written complaint, the police can be directed to treat it as cheating. Show them the legal provisions—Section 318 BNS is a criminal offence, not petty nonsense. A lawyer's presence at the police station usually changes the attitude completely.
Timeline of Legal Process
- Police complaint (FIR): 1–2 days after filing.
- Police investigation: 2–4 weeks, depending on the workload. They will call you and the driver for statements.
- Charge-sheet filing: Usually within 60–90 days for a cognizable offence.
- Cognizance by Magistrate: Within 2–4 weeks after charge-sheet.
- Trial: 3–6 months for a simple cheating case if evidence is clear.
- Judgment: After trial, judgment within 30 days.
- Consumer complaint (if filed): 3–6 months for initial orders, 12–18 months for final disposal.
How Long Will the Investigation Take?
For a simple case of cheating with clear video evidence, the police investigation should take 2–4 weeks. The driver's statement, verification of the bill, and collection of the video will be done. However, if the police drag their feet, you may need to file a private complaint or approach higher authorities. Realistically, a charge-sheet should be filed within 60 days of the FIR.
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, both the criminal and consumer aspects can be settled. Cheating under Section 318 BNS is a compoundable offence—meaning you and the driver can reach a compromise, and the court will acquit him. However, settlement does not mean you have to accept the driver's terms. You can demand an apology and a written guarantee. For the consumer side, a compromise deed can be executed. Lok Adalat is also an option if the matter is pending. But remember: settling does not mean you have to drop the criminal case if the pattern is widespread. You can still pursue a systemic complaint with the LPG company.
Common Mistakes People Make
- Not recording the incident: Losing the only proof. Always record if safe.
- Paying extra money under pressure: This encourages the driver to repeat the behaviour.
- Not complaining to the police or company: Hoping the problem will go away—it won't.
- Deleting the recording or not backing it up: Evidence can be lost or corrupted.
- Engaging a lawyer without domain-specific experience: A general practitioner may see this as a simple consumer complaint and miss the criminal overlay. Domain-specific advocates know how to frame the cheating case, preserve evidence for criminal trial, and simultaneously file a consumer complaint. That dual strategy saves time and strengthens your position.
- Posting about the incident on social media: This can prejudice your case or invite defamation counter-claims. Talk to your lawyer first.
FAQs People Normally Have
Can I file a police complaint for ₹40 extra?
Yes. The amount is irrelevant. The offence is cheating, not the amount. Police must register an FIR if a cognizable offence is disclosed.
Will the LPG company stop my delivery if I complain?
It can happen. Some distributors retaliate. That's why you should also file a consumer complaint simultaneously. A court order can protect your supply.
Is a video recording from my phone admissible in court?
Absolutely. Under Section 63 of the BSA 2023, electronic records are primary evidence. Just ensure you have a certificate of authenticity from the device.
How long do I have to file a complaint?
For criminal cheating, the limitation period is 3 years from the date of the offence under Section 113 of the BNSS 2023. For a consumer complaint, it's 2 years from the date of the cause of action.
Can I complain to the LPG company directly without a lawyer?
Yes, you can. But a formal legal notice or complaint drafted by a lawyer carries more weight and can be used as evidence later if needed.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India