Watchdog Foundation has written to chief secretary to make aggregators like Uber accountable under the law
Godfrey Pimenta
With no platform for redressal for the common man and no regulation in place to monitor the working of app-based cab aggregators, a city NGO has demanded immediate implementation of the Motor Vehicle (Amendment) Bill 2016, which has been pending for almost a year-and-a-half. The NGO Watchdog Foundation has taken serious note of the series of reports by mid-day on the death of a young IT professional, Tanzila Shaikh, 35, due to negligence and rash driving of an Uber driver on June 14. It has now written to Sudhir Mital, chairman, Competition Commission of India, New Delhi, Ministry of Road Transport and Highways, New Delhi, and Chief Secretary, Maharashtra, highlighting the case and urging speed in bringing the MV Act (amendment) Bill 2016 into force.
Advocate Godfrey Pimenta, who is a trustee with Watchdog Foundation, said, "Cab aggregators have taken the market by storm in the past few years. In August 2016, the Union Cabinet chaired by Prime Minister Narendra Modi gave its approval for the Motor Vehicle (Amendment) Bill 2016."
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Among the changes proposed in the Bill is defining an aggregator as a digital intermediary or marketplace whose services may be used by a passenger to connect with a driver for transportation purposes. The bill requires these cab aggregators to obtain appropriate licences. The cab aggregators will also be required to comply with the Information Technology Act, 2000. However, the difference between taxi companies and aggregators is still not clearly defined.
Committee constituted
Through an order dated August 11, 2016 passed by the Delhi High Court, a committee was constituted under the chairmanship of secretary, Ministry of Road Transport & Highways, to examine all relevant issues related to the permits given to black/ yellow taxis, radio taxis, aggregators, etc. The committee had finalised its report in December, 2016, and recommended that city taxis be allowed to run on app-based platforms. The policy recommendations also ensure that bigger aggregators do not undercut traditional cabs.
The major focus of the policy is to ensure safe, secure and affordable rides to the common public so as to help it reduce congestion as well as pollution in cities. The policy also recommends that the app used by aggregators is validated for its integrity by an agency authorised by Ministry of Electronics and Information Technology. However, the most important and crucial aspect of passenger safety, security and liability of the cab aggregator in case acts of commission and omission of the driver of the vehicle, is missing.
Nicolas Almeida, of Watchdog Foundation, added, "These cab agreggators and others engaged in similar services are required to be brought within the ambit of both the Motor Vehicle Act, 1988 and the Competition Commission Act, 2002, as far as passengers safety and security and liability of the cab aggregator in case acts of commission and omission of driver of the vehicle are concerned."
"Both the Central and State governments should frame regulations to govern cab aggregators in the larger interest of passenger issues," the trustees said. Pimenta said, "The chief secretary has already reverted to us, marking our plea to the principal secretary (transport) asking to take necessary action."
Nitin Dossa
Uber's liability policy
Nitin Dossa, executive chairman, Western India Automobiles Association, said, "As per my information, Uber has a liability policy worldwide, including India, and this means that relative of those who have either met with an accident or have died due to Uber's negligence can claim compensation. This also means that Uber cannot claim immunity, throwing the ball in the court of the driver partner and holding him/her responsible. And, if Uber claims that they do not have such coverage for the Indian market, then they need to get the same under their ambit or be prepared to face the consequences." Dossa added, "The monsoon sessions will get over on Wednesday and we will soon be meeting the Principal Secretary (Transport) to discuss this issue and also the amendment to the Motor Vehicle Act 2016, which is still pending and which will bring these aggregators under some control."
Issues listed by NGO
a) Cab aggregators should be held responsible for any misbehaviour or criminal offence by the drivers with the customer
b) Aggregators do not have a proper and efficient complaint redressal mechanism in place. If the passengers have to lodge any complaints against the drivers of the vehicles, they have to go through an arduous and circuitous route, which is unacceptable and we can cite hundreds of instances. Customers have to lodge their complaints to faceless and unidentified sources, who will then either choose to attend to or ignore passengers' complaints. These complaints get attention only when there is media or social media hype.
c) Surge pricing is another issue, mostly experienced during natural calamities. For instance, due to very heavy rain in the past few days in Mumbai, there were very few cabs available. Therefore, demand outstripped supply, which resulted in surge pricing. For example, a cab ride from Marol to Bhayandar normally costs around R500, but jumped to Rs900 in surge pricing. This needs to be regulated.
Other side
When contacted, Chief Secretary Dinesh Kumar Jain, who is at the monsoon session in Nagpur, said, "I do not recall the case offhand, but you can touch base with the Principal Secretary (Transport) for details." Attempts made to contact Principal Secretary (Transport) Ashish Kumar Singh did not yield any result. His office in Mantralaya informed this paper that he, too, was in Nagpur.
Also read: Uber accident death: Cab aggregator takes zero blame in case of accidents
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