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.

Mr.X approached me regarding multiple traffic challans totaling ₹30,000 issued against his commercial vehicle. The automated e-detection system in City A had generated three separate challans of ₹10,000 each on DD/MM/YYYY, DD/MM/YYYY, and DD/MM/YYYY. All challans cited “No Permit” as the violation reason. However, Mr.X possessed valid temporary/checkpost permits for all three dates mentioned. Despite having legitimate documentation, the automated system failed to recognize the permits, leading to wrongful penalization. Mr.X had submitted grievances through proper channels but received no response from the transport department. This case highlights the flaws in automated challan systems and the need for proper grievance redressal mechanisms.

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.

• Immediately collect all permit documents and maintain proper records with timestamps
• File written grievances with transport department within the prescribed time limit
• Document all communication attempts with authorities for future legal proceedings
• Consider approaching consumer forums if administrative remedies fail to provide relief

Applicable Sections of Law

The case involves violations under the Motor Vehicles Act, 1988 and relevant provisions of BNS and BNSS. Key applicable sections include Section 192A of Motor Vehicles Act dealing with automated enforcement systems, Section 207 regarding appeals against orders, and provisions under BNSS regarding electronic evidence and documentation. Additionally, BNS sections related to wrongful confinement of property and harassment may apply when authorities fail to address legitimate grievances. The Information Technology Act provisions regarding electronic records and their admissibility also become relevant in challenging automated system errors.

If You Are the Complainant

• File a formal complaint with the Regional Transport Officer citing system malfunction and providing permit documentation
• Submit representations to the Transport Commissioner highlighting the automated system’s failure
• Approach the appellate authority under Motor Vehicles Act within the stipulated time frame
• Consider filing consumer complaint for deficiency in service if administrative remedies fail
• Maintain detailed records of all permits, challans, and correspondence for legal proceedings

If You Are the Victim

• Do not panic and avoid making any immediate payments without proper verification
• Gather all relevant permit documents and create certified copies for submission
• File immediate grievances with transport department through both online and offline modes
• Seek legal consultation to understand your rights and available remedies under law
• Document the financial impact and inconvenience caused due to wrongful challans

How the Police Behave in Such Cases

Traffic police typically rely heavily on automated systems without manual verification. They often show reluctance to immediately cancel challans even when valid documentation is presented. Officers may direct complainants to approach higher authorities or suggest online grievance portals. In many cases, there’s a tendency to treat all automated challans as presumptively valid, placing the burden of proof entirely on vehicle owners to demonstrate their innocence.

FAQs People Normally Have

• Can I refuse to pay wrongful challans? Yes, you have the right to contest and seek cancellation through proper legal channels before making any payments.
• What if my grievance is ignored? You can approach appellate authorities, consumer forums, or file writ petitions in High Court for relief.
• Will this affect my vehicle registration? Unpaid challans may create issues during registration renewal, making prompt resolution essential.
• Can I claim damages? You may seek compensation for harassment and inconvenience through consumer forums or civil courts.

What Evidence Is Required?

• Original and certified copies of temporary/checkpost permits valid during challan dates
• Vehicle registration documents and fitness certificates
• GPS tracking records or route documents if available
• Photographs of permits showing validity dates clearly
• Written grievance submissions with acknowledgment receipts
• Communication records with transport department officials
• Financial impact documentation including loss of business due to wrongful proceedings

How Long Will the Investigation Take?

Administrative grievance resolution typically takes 30-90 days depending on the transport department’s efficiency. Appellate proceedings may extend to 3-6 months. Consumer forum cases usually conclude within 6-12 months. Court proceedings can take 1-2 years depending on case complexity and court schedules. Prompt action and proper documentation can significantly reduce resolution time.

Advocate Sudhir Rao, Supreme Court of India