Chandigarh

DF-I

CC/11/2020

Smt Sachin Sharma - Complainant(s)

Versus

Ola Cab - Opp.Party(s)

26 Aug 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                                    ========

                                     

Consumer Complaint No.	:	CC/11/2020
Date of Institution	:	06/01/2020
Date of Decision	:	26/08/2020

 

 

[1]     Smt. Sachin Sharma, aged 44 years, Teacher GMHS, RC-2 Dhanas, wife of Sh. Ajay Kumar Sharma, Resident of House No.3018, Sector 23-D, Chandigarh.

[2]     Smt. Jyoti, aged 42 years, Teacher GMHS, Sector 26, wife of Sh. Sudarshan Kumar Arya, Resident of House No.144, Sector 23-A, Chandigarh.

…..Complainants

V E R S U S

 

[1]     OLA Cabs, Office ANI Technologies Pvt. Ltd., Regent Insignia 414, 3^rd Floor, 4^th Block, 17^th Main, 100 Feet Road, Koramangala, Bengaluru – 560034, through its CEO.

[2]     Shri Bhavish Aggarwal, CEO, OLA Cabs, Office ANI Technologies Pvt. Ltd., Regent Insignia 414, 3^rd Floor, 4^th Block, 17^th Main, 100 Feet Road, Koramangala, Bengaluru – 560034 [Deleted vide order dated 08.01.2020].

[3]     ANI Technologies Pvt. Limited, SCO No. 301-302, 2^nd Floor, Sector 38-D, Chandigarh (Chandigarh Office) through its CEO.

          Second Address:

ANI Technologies Pvt. Limited, OLA Office, Plot No. 66, 3^rd Floor, Industrial Area, Phase-2, Chandigarh.

[4]     Malkeet Singh S/o not known C/o OLA Office, Plot No. 66, 3^rd Floor, Industrial Area, Phase-2, Chandigarh.

…… Opposite Parties

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh. Ajay Kumar Sharma, Counsel for Complainants.
	:	Complaint against Opposite Party No.2 dismissed vide order dated 08.01.2020.
	:	Opposite Parties No.1, 3 & 4 ex-parte.

 

Per Dr.S.K.Sardana, Member

 

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, Complainant No.1 booked one Ola Cab for her friend (Complainant No.2) and her two daughters aged 5 and 7 years from Opposite Party No.3 on 15.12.2019 at 3:20 p.m. from Sector 23 to Elante Mall. A booking confirmation came on the mobile of Complainant No.1 (Annexure C-1) and thereafter, the Cab No. PB-8T-MP-5183 was confirmed and the OTP No. 3464 was obtained from Complainant No.1. After this, the Cab reached the designated place at 3:24 p.m. and Complainant No.2 and her two daughters sat in the Cab. The condition of the Cab sent by the Opposite Parties was very bad, completely broken from outside, to which the Driver said that it had an accident yesterday. Photographs of the Driver and the car are Annexure C-2. When the Driver started from Sector 23 to Elante Mall, instead of going from Sector 23 to Sector 22, he started towards Sector 24 and turned towards the Market of Sector 16 from the middle of Sector 15-16, when the Complainant No.2 interrupted him, he said that he was going according to the navigation, and reached Shanti Kunj from Sector 16 where the Police had laid a Naka. On reaching there, the Driver said that the petrol in his car was over and going a little ahead of the Naka, the Driver parked the Car on the road side. Upon this, Complainant No.2 told the Driver that she could book another car, but the Driver asked her to sit in the car. After waiting for about half an hour, Complainant No.2 narrated the whole incident to Complainant No.1 and said how long she should wait for the Driver as she had two young daughters with her. To this, Complainant No.1 said that she talk to Ola Cab people, till then Complainant No.2 talk to a Policeman if someone is around. Since on that day a Naka was laid near Shanti Kunj, the Complainant No.2 recite the entire episode to the Police that how the Driver has not returned even after more than half an hour and left the vehicle key and his mobile inside the car. On this, the Policemen told the Complainant No.2 to wait for some time and there is no reason to panic. During this time, about an hour had passed and the Police standing on the Naka came and told Complainant No.2 that the Cab in which she is sitting has been snatching whose message they have just received. After this, Complainant No.2 and her minor daughters started crying and informed Complainant No.1. After this, complainant No.1 also reached the spot and showed to the Police the entire information sent by the Opposite Parties. Meanwhile, the Police of Sector-17 also reached the spot and showed the message that the Driver dialed 100 number and complained that the passengers who were sitting in the car had escaped by snatching his car fraudulently.  It was after 10-15 minutes that the Driver also returned and threatened the Complainant No.2 and her daughters that there was a man with them, who ran away with his car, where was he? Hearing this, both the daughters of the Complainant No.2 became more scared and started crying again, along with them Complainant No.2 also started crying in fear.  Meanwhile, the Policeman standing there at the Naka intervened and told the Driver to tell the truth. The Complainant No.1 had pressed the emergency button and canceled the ride and booked a new Cab before the call of snatching, whose number was PB-01-B-5761. At the same time, the Policemen of Sector 17 recorded the statement of the Complainants No.1 & 2 and asked whether they want to take any action. On this, the Complainants said that legal action should be taken against the Driver. After this, Complainant No.2 and her two daughters went to Elante Mall, sitting in the second Ola Cab. Confirmation of the booking of the second Ola cab that came on the mobile of Complainant No.1 which is Annexure C-4.  During this time the media and the Complainant No.1's husband also reached the spot, and shortly thereafter the Police released the Driver. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainants have filed the instant Consumer Complaint.
2.         In view of the endorsement made by the Ld. Counsel for the Complainants, on the Complaint itself, giving up Opposite Party No.2, complaint against Opposite Party No.2 was ordered to be dismissed vide order dated 08.01.2020.
3.         Notice of the complaint was sent to Opposite Parties No.1, 3 & 4 seeking their version of the case.
4.         However, despite service, nobody has appeared on behalf of Opposite Parties No.1, 3 & 4, therefore, they were proceeded against ex-parte on 05.03.2020.
5.         Complainants led evidence.    
6.         We have heard the Ld. Counsel for the Complainants and have also gone through the entire record with utmost care and circumspection.
7.         Significantly, Opposite Parties did not appear to contest the claim of the complainants and preferred to proceed against ex-parte. This act of the Opposite Parties draws an adverse inference against them.
8.         The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainants go unrebutted and uncontroverted.
9.         In these set of circumstances, it is established beyond all reasonable doubts that the complaint of the Complainants is genuine. The harassment suffered by the Complainants is also writ large. The Opposite Parties have certainly and definitely indulged into unfair trade practice as they ought to take care of the safety of their customers (Complainants herein) and follow the guidelines given by the Government to ensure safety for women and children, which they miserably failed to do and propelled this unwarranted, uncalled for litigation upon the Complainants.  Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against the Opposite Parties.
10.         For the reasons recorded above, the present complaint of the Complainants deserves to succeed against the Opposite Parties, and the same is partly allowed. The Opposite Parties are, jointly and severally, directed:-

[a]    To pay Rs.10,000/- as compensation to the complainants for deficiency in service, unfair trade practice and for causing harassment caused to them.

[b]     To also pay a sum of Rs.7,000/- to the complainants as litigation expenses. 

11.         The above said order shall be complied within 30 days of its receipt by Opposite Parties; thereafter, Opposite Parties shall be liable for an interest @12% per annum on the amount mentioned in sub-para [a] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [b] above. 
12.         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

26^th August, 2020

                        Sd/-  

(RATTAN SINGH THAKUR)

PRESIDENT

 

 

Sd/-

(SURJEET KAUR)

MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”