Overpaid ₹12,345 Instead of ₹1,234 to Cab Driver’s QR Code – Cab Company Not Assisting, Driver Dodging Calls

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Advocate Rohit
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Overpaid ₹12,345 Instead of ₹1,234 to Cab Driver’s QR Code – Cab Company Not Assisting, Driver Dodging Calls

If you are stuck in such a situation, here is what to do.

My cousin recently booked a ride with GoCab, and the fare came to ₹1,234. The driver suggested paying via his Paytm QR code instead of the app. In a rush, she added an extra digit and sent ₹12,345 by mistake.

We reached out to GoCab support, but they only reversed the actual ride amount of ₹1,234, claiming the excess was a personal matter between us and the driver. They shared the driver’s contact details, yet he keeps ignoring our calls and hasn’t refunded the overpayment.

Luckily, we have complete records of the UPI transaction. Now, we’re figuring out the next steps, like approaching the payment app or bank for help with the error, lodging a police report due to the driver’s refusal, or contacting a consumer forum for escalation.

Advice in such cases

  • Preserve all transaction proofs, including screenshots of the UPI payment, ride details, and communications with the cab company.
  • Attempt direct negotiation with the driver through recorded calls or messages to demand the refund.
  • 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.
  • File a formal complaint with the cab company again, insisting on their responsibility under service agreements.
  • Consider civil recovery options if the amount is significant, alongside any criminal angle if refusal amounts to dishonest intent.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), if the driver’s refusal to return the excess amount involves dishonest inducement or retention, it may attract Section 318 (cheating) or Section 314 (criminal breach of trust), depending on the intent. For recovery, provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) allow for filing a complaint leading to investigation. Consumer protection laws, including the Consumer Protection Act, 2019, can also apply against the cab company for deficient service in handling the dispute.

If you are the complainant

As the person who overpaid, gather all digital evidence promptly and approach the local police station to file a non-cognizable report initially, escalating if needed. Simultaneously, send a legal notice to the driver and cab company demanding refund within a stipulated time, say 15 days. If unresolved, pursue a consumer complaint via the district forum for faster resolution on service lapses.

Overpaid ₹12,345 Instead of ₹1,234 to Cab Driver’s QR Code – Cab Company Not Assisting, Driver Dodging Calls

If you are the victim

In this scenario, you are both complainant and victim. Prioritize securing your financial loss by involving your bank or UPI provider for a chargeback or reversal request, citing mistaken transfer. Avoid direct confrontations; instead, document everything for potential court proceedings where you can seek restitution under BNS provisions for economic offenses.

How the police behave in such cases

Police typically register an NCR for small disputes like this but may investigate further if evidence shows intent to defraud. They could summon the driver for questioning under BNSS procedures and mediate a refund. However, for amounts under ₹50,000, it might be treated as a civil matter unless cheating is proven, leading to delays unless pushed with strong proof.

FAQs people normally have

  • Can the cab company be held liable? Yes, if their policy encouraged offline payments leading to the issue.
  • What if the driver claims he didn’t receive the extra? UPI transaction IDs prove the receipt definitively.
  • Is this a criminal case or civil? It can be both; start with police for criminal angle if refusal persists, and civil suit for recovery.
Overpaid ₹12,345 Instead of ₹1,234 to Cab Driver’s QR Code – Cab Company Not Assisting, Driver Dodging Calls

What evidence is required?

Key evidence includes the UPI transaction receipt with amount and recipient details, ride booking confirmation from the cab app showing the correct fare, screenshots of communications with the company and driver, and any audio/video of the interaction if available. Bank statements corroborating the payment are also crucial.

How long will the investigation take?

Under BNSS, initial inquiry might take 15-30 days, but full investigation could extend to 3-6 months depending on cooperation from parties. Consumer forum cases often resolve quicker, within 3 months for simple disputes.

Advocate Sudhir Rao, Supreme Court of India

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