Bombay HC to state: Reply on aggregator cab rules – Times of India

Mumbai: Bombay high court on Monday directed the state government to submit its reply on the statutory regulations for aggregator cabs and the terms and conditions attached to their licences.
“What is the state doing?” asked Chief Justice Dipankar Datta and Justice Makarand Karnik at the hearing of a PIL by advocate Savina Crasto, citing two personal experiences from November 2020. Crasto said when she tried to write to Uber, its app had no option to lodge complaints.
Crasto argued customers have to select from issues listed on the app and cannot file complaints beyond what is listed. She said during the pandemic, drivers were permitted to cancel a ride. “The driver is right in front of me. He cancels the ride. I have been charged,” said Crasto.
Uber’s advocate argued it only acts as a facilitator or agent between the driver and the customer. “It is entirely app-based,” he said, adding Uber has redressed complaints and has a 24×7 helpline.
When asked to show the statutory permission to Uber and Ola, the state’s advocate Jyoti Chavan said a regulatory policy, Maharashtra City Taxi Rules, was framed in 2017. It was challenged and HC directed a status quo. HC noted the state had then said it would take no coercive measures against aggregators.
In the order, the judges said, “The consequences of such a statement is serious, as even if an aggregator does not possess a licence, the state would not be in a position to take action against it.’’ HC directed Uber to inform if it has obtained a licence to operate. HC said Uber cannot claim it did not apply for a licence because of HC’s order. “It does not absolve you from the Central (Motor Vehicles) Act. The statutory mandate is that you cannot function unless you obtain a licence.”