The Chandigarh District Consumer Commission has ordered the National Highway Authority of India (NHAI) and an online payments bank to refund Rs 100 to a man after finding that it wrongfully deducted the amount as a penalty for not having sufficient amount in his FASTag wallet.Holding that the penalty was wrongfully charged despite a positive wallet balance, violating official NHAI guidelines, a bench of president Pawanjit Singh and member Mohan Sharma also awarded Rs 4,000 in compensation to the man.“The complainant has produced documentary evidence showing a positive wallet balance at the relevant time and payment of the disputed penalty at Behram Toll Plaza. No satisfactory justification has been placed on record by NHAI to explain the collection of the penalty in the light of the aforesaid circular. Accordingly, the act of collecting the disputed penalty, in the facts established on record, amounts to deficiency in service,” the commission heldIn its October 22 order, the commission highlighted the official NHAI circular dated February 11, 2021, relied upon by the complainant, which explicitly states that a vehicle must be allowed to pass through a toll plaza as long as the FASTag account or wallet balance is non-negative.Man charged extraOn June 17, 2022, while traveling from Chandigarh to Jalandhar, the complainant was charged a toll fee along with a Rs 100 penalty at the Behram Toll Plaza because the system flagged his FASTag balance as insufficient. However, he claimed that he had a positive wallet balance of Rs 210. He was charged a total of Rs 200 as a fee and fine.He pointed to an official NHAI circular stating that vehicles should be allowed to pass as long as the FASTag balance is positive (non-negative). He alleged deficiency in service, which caused him financial loss and mental agony. Thereafter, he filed a consumer complaint seeking a refund of Rs 100, compensation for mental agony and harassment & deficiency in service and costs of litigation expenses.However, the online payment bank argued that a minimum security balance of Rs 150 was required and couldn’t be used for toll payments. The NHAI did not appear before the commission. Hence, they were proceeded against ex parte (without its side being heard).Story continues below this adBank must comply with NHAI rules: OrderThe commission said that as the service provider responsible for issuing and managing the FASTag account, the online payment bank was obligated to align its operations with applicable NHAI rules and properly inform the user of all usage conditions.It observed that merely claiming a requirement for a Rs 150 minimum security balance does not resolve the user’s grievance or justify the penalty collection.The online payment bank’s argument that it could not process a chargeback because the prescribed time limit had passed was rejected. A chargeback is a formal dispute mechanism that allows a vehicle owner to claim a refund for an incorrect, duplicate, or unauthorised toll deduction through their issuing bank.The commission observed that an expired chargeback period cannot extinguish liability arising from an established deficiency in service.Story continues below this adTakeawayThis judgment holds highway authorities and FASTag issuers accountable for illegal penalties, enforcing NHAI’s non-negative balance rule. It establishes that internal minimum balance policies and expired chargeback windows cannot override consumer protection rights against wrongful toll charges.Consumers facing similar grievances may contact the consumer helpline in their respective states (Chandigarh: 0172-2700 183) or dial the National Consumer Helpline at 1915 for assistance.Don’t miss out on these stories:Son’s trip home from Canada cancelled but ‘flight refund denied’, father wins Rs 86,000Woman wins Rs 50.5 lakh payout from Union Bank over ‘missing’ jewellery from lockerStory continues below this adPromised hotel, helicopter ride missing, man wins Rs 43,000 from travel booking portal