Uber, Ola Ordered to Get Valid Licences or Shut Operations in Maharashtra

Observing that app based mostly taxi companies equivalent to Ola and Uber working in Maharashtra with out legitimate licences was an occasion of “full lawlessness,” the Bombay Excessive Courtroom on Monday directed all such aggregators to use for legitimate licences by March 16 in the event that they want to proceed operations.

The HC, although, kept away from prohibiting such cabs from plying in the intervening time saying it was conscious such a transfer would adversely have an effect on commuters.

“We’re acutely aware that restraining aggregators, who haven’t but obtained licences, will function to prejudice and detriment of passengers who avail the providers,” a bench led by Chief Justice Dipankar Datta mentioned.

The bench handed the instructions whereas listening to a public curiosity litigation filed by advocate Savina Crasto highlighting the shortage of an efficient grievance redressal mechanism for patrons utilizing the Uber India app.

Crasto cited an incident from November, 2020, when she booked an Uber trip within the metropolis and was dropped off mid-way “at a shady darkish place” and she or he discovered that the agency’s app had no efficient choice to lodge complaints.

Throughout the earlier hearings, the HC had discovered that the Maharashtra authorities was but to approve particular pointers to situation licences and regulate the operations of such cab aggregators.

Although the Central authorities had issued the Motor Car Aggregator Pointers, meant to control such cabs, these within the state have been working on the idea of permits issued to them underneath Maharashtra Metropolis Taxi Guidelines 2017.

On Monday, CJ Datta mentioned the above association was unacceptable and in breach of legal guidelines. “What are you (Maharashtra authorities) doing? That is full lawlessness. You aren’t following the regulation. The regulation could be very clear that as long as the state authorities doesn’t have Guidelines, you (aggregators) must observe the Central authorities pointers. We’ll cease you (aggregators) from plying,” the HC mentioned.

Senior advocate Janak Dwarkadas, who appeared for Uber India, instructed the courtroom the agency had no intention of flouting the regulation and added that it had an efficient grievance redressal mechanism on its app. The HC, nonetheless, mentioned such a mechanism alone was not enough.

The HC mentioned having a licence in accordance with Motor Autos Act was obligatory to control the operations of all such cab aggregators.

Dwarkadas additional mentioned, on March 5 this yr, the Union authorities had referred to as a gathering with aggregators and stakeholders for options on the Central aggregators guidelines and pointers.

“We gave options and objections by way of videoconferencing. The identical have been submitted in writing as properly, and are at present into account,” he instructed the courtroom.

The HC, nonetheless, requested if it meant aggregators might escape following statutory pointers as long as the objections weren’t determined.

“I’ve been instructed by my son that Ola, Uber drivers drive for lengthy hours. My son took an image and despatched it to me. He had taken over the wheel of the cab alongside the Noida Expressway as a result of the driving force was dozing off after having been behind the wheel for twenty-four hours straight,” CJ Datta mentioned, including that such have been the circumstances underneath which the drivers needed to work.

“We gives you (aggregators) seven days to use for a licence and one other 10 days for the state to contemplate. The regulation must be adopted,” HC mentioned, and directed all aggregators to use to involved area transport authorities (RTOs) throughout Maharashtra for a licence newest by March 16.

“We’re pained to watch that regardless of Central pointers having been in place since 2020, the state authorities has permitted aggregators to perform in Maharashtra with out following the rules,” it mentioned.

The state authorities should resolve on functions not later than a fortnight from receipt and there should not be pointless delay, the HC mentioned, including that, within the interim, cabs will proceed to function as they at present are.

The HC scheduled the matter for additional listening to after 4 weeks.