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

Observing that app primarily based taxi corporations equivalent to Ola and Uber working in Maharashtra with out legitimate licences was an occasion of “complete lawlessness,” the Bombay High Court 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 mean time saying it was conscious such a transfer would adversely have an effect on commuters.

“We are conscious that restraining aggregators, who have not yet obtained licences, will operate to prejudice and detriment of passengers who avail the services,” a bench led by Chief Justice Dipankar Datta stated.

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 experience within the metropolis and was dropped off mid-way “at a shady darkish place” and she found that the firm’s app had no effective option to lodge complaints.

During the previous hearings, the HC had found that the Maharashtra government was yet to approve specific guidelines to issue licences and regulate the operations of such cab aggregators.

Though the Central government had issued the Motor Vehicle Aggregator Guidelines, meant to regulate such cabs, those in the state were operating on the basis of permits issued to them under Maharashtra City Taxi Rules 2017.

On Monday, CJ Datta said the above arrangement was unacceptable and in breach of laws. “What are you (Maharashtra authorities) doing? This is full lawlessness. You will not be following the regulation. The regulation could be very clear that as long as the state authorities doesn’t have Rules, you (aggregators) should comply with the Central authorities pointers. We will cease you (aggregators) from plying,” the HC said.

Senior advocate Janak Dwarkadas, who appeared for Uber India, told the court the firm had no intention of flouting the law and added that it had an effective grievance redressal mechanism on its app. The HC, however, said such a mechanism alone was not adequate.

The HC said having a licence in accordance with Motor Vehicles Act was mandatory to regulate the operations of all such cab aggregators.

Dwarkadas further said, on March 5 this year, the Union government had called a meeting with aggregators and stakeholders for suggestions on the Central aggregators rules and guidelines.

“We gave solutions and objections by videoconferencing. The identical have been submitted in writing as nicely, and are presently into account,” he told the court.

The HC, however, asked if it meant aggregators could escape following statutory guidelines so long as the objections were not decided.

“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 said, adding that such were the conditions under which the drivers had to work.

“We provides you with (aggregators) seven days to use for a licence and one other 10 days for the state to think about. The regulation needs to be adopted,” HC said, and directed all aggregators to apply to concerned region transport authorities (RTOs) across Maharashtra for a licence latest by March 16.

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

The state authorities should determine on purposes not later than a fortnight from receipt and there should not be pointless delay, the HC stated, including that, within the interim, cabs will proceed to function as they presently are.

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