BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 20^th day of June 2018

Filed on : 17-10-2016

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.577/2016

Between

Sarath Chandran, : Complainant

S/o. U.K. Chandran, (Party-in-person)

1^st Floor Ottanilath house,

Bee Bee Lane, Kachipilly Road,

Vytilla, Cochin-682 019.

And

Manager, : Opposite party

Ola Cab Service, (By Adv. Anilkumar P.C.,

Ozone Greens, Jawahar Nagar Erica Tower, NR Matha Tourist Home

North end, Near skyline St. Vincent Road, Ernakulam North

apartaments, Kadavanthara, Pin-682 018)

Kumaranasan Nagar,

Elamkulam, Kochi-682 020.

O R D E R

Cherian K. Kuriakose, President.

1. Complainant’s case

2. The complainant took an Ola cab service on 4^th October 2016 at 11.50 a.m. from Athani bus stop to Nedumbassery Airport and he was charged Rs. 386/- for the travel, the distance of which was only 5.5kms and the estimated time was only 9 minutes. The taxi allotted to him was KL 41 J 680. Before booking the cab the complainant had checked the ride estimate in the Ola app from Athani to Cochin Airport. It was shown that the charge would be only Rs. 131 to 150/- and the time taken would be 16 minutes. The actual travel time took was only 9 minutes and the distance covered by was only 5.5 kms. for which the opposite party had charged Rs. 386/- which means that the complainant had to shell out Rs. 70/- per. Km. the collection of the said amount would amount of unfair trade practice according to the complainant and he seeks compensation therefor.

3. Notice was issued to the opposites party who appeared and contested the matter by filing their version through their authorized signatory .

4. The complaint is not maintainable. Ola is a trade name of M/s. Ani Technology Pvt. Ltd. It is an aggregator and helps to make transportation economically and efficiently for customers in India. An aggregator is a person who owns and manages a web based software application and by means of the application and the communication device enables a potential customer to connected with persons providing service of a particular kind of service under the brand name or the trade name of the aggregator. The aggregator acts as an intermediary by bringing together the transporter ;and the rider through the app. The contract for transportation service is between the transportation operator and the rider. The transportation operator earns the fare for the transportation services provided to the rider and pays a fee to the aggregator for sourcing the rider. The cab service support both cash and online payment options. In the instant case the service charge was paid by the complainant to the driver by cash. Since Ola is not a taxi service provider the complaint is not maintainable as against them.

5. On 04-10-2016 at 11.50 a.m. the complainant had availed the service of KL41xJ 680 air conditioned mini silver vista car . The base for airport taxi service is 349 for 19 kms accordingly he was charges with Rs. 486/-. This amount is including minimum base fare with service tax. In the above circumstance the complaint is sought to be dismissed.

6. Following issues were settled for consideration.

1. Whether the complainant had proved that there was any deficiency in service on the part of the opposite parties as alleged in the complaint?

2. Reliefs and costs.

7. The evidence in this case consists of the oral evidence of PW1 and Exbts. A1 to A5 on the side of the complainant. The opposite party did not adduce any evidence.

8. Heard both sides.

9. Issue No. i. The complainant give evidence in tune with the allegations in the complaint. As per Exbt. A2, ride estimate the approximate travel time was 16 minutes to travel between Athani and Cochin International Air port. In the ride estimate it is stated that it is only an approximate estimate and actual cost and travel time may be different. As per Exbt. A3 it is seen that the car given by one Mr. Sajir had charged an amount of Rs. 386/- for the round trip between Ankamali-manjaly road athani and domestic terminal Nedumbassery. The opposites party has the case that the charges collected was only the minimum charges fixed for Airport taxis. However, as per Exbt. A4 the charge fixed was Rs. 150/- for a minimum distance of 5 kms and Rs. 12/- for additional kms. The case of the complainant is that he was charged Rs. 70/- per kms for travelling 9.9 kms. The opposite party contended that the complainant did not make any payment to the opposite party and no service were directed to provide the complainant on collecting payment from him. According to the opposite party the payment was given directly to one Mr. Sajir by cash and he was not made a party to the complaint. We find merit in the contention. As the complainant had not make the payment to the driver of the cab in cash and the complainant had availed services of the cab belonging to a person who is not a party to the complaint. In the above circumstance, we find that the complainant had failed to prove that the opposite party had committed any

deficiency in service in as much as so far as the opposite party is concerned the complainant is not a consumer against him. The issue is therefore found against the complainant.

10. Issue No. ii. Having found issue No. i against the complainant, we find that the complaint is liable to be dismissed and is accordingly dismissed.

Pronounced in the open Forum on this the 20^th day of June 2018

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Sheen Jose, Member.

Forwarded/By Order,

Senior Superintendent.`

APPENDIX

Complainant's Exhibits

Exbt. A1 : Copy of brochure

A2 : Copy of Ride estimate

A3 : Copy of bill details

A4 : Copy of hire charge

A5 : True copy of bill dt. 04-10-2016

Opposite party's Exhibits: : Nil

Copy of order despatched on :

By Post: By Hand: