Punjab: The State Consumer Disputes Redressal Commission of Punjab has delivered a significant order, dismissing an appeal by Uber India Systems Pvt. Ltd. and upholding a District Commission order that found the company liable for deficiency in service.
A Bench comprising Judicial Member H.P.S. Mahal and Member Kiran Sibal dismissed the appeal filed by Uber against an order dated December 15, 2021, by the District Consumer Disputes Redressal Commission, S.A.S. Nagar (Mohali).
The case stemmed from a complaint filed by Mohit Bansal, who had booked an Uber cab from Zirakpur to Kalka on March 7, 2017. The complainant alleged that after traveling for about 10 minutes, the driver misbehaved, forced him to exit the cab, and charged Rs. 105 illegally.
The State Commission noted that Uber was granted sufficient opportunities to present its case before the District Commission but adopted a casual approach. The Commission rejected Ubers contention that it was merely a technology service provider not responsible for driver actions.
Importantly, the Commission observed that Under the CPA, the provision of a good or a service by an intermediary can also be used to challenge the intermediary/aggregator if it plays an active role in the provision of the good/service, making it more than a mere intermediary. The appellants control over the driver hints towards a similarly active intermediary role since a mere technological intermediary would not exercise such a high degree of control relating to booking, consideration, etc.
The Commission also dismissed Ubers argument that the destination was in an unserviceable area, stating that once the driver accepted the ride, he could not refuse to complete it on those grounds.
In conclusion, the State Commission upheld the District Commissions order directing Uber to pay Rs. 15,000 as compensation to the complainant for mental agony, harassment, and litigation costs. The Commission also ordered that the appeal deposit of Rs. 7,500 be remitted to the District Commission for potential release to the complainant.
