Chandigarh

DF-II

CC/453/2018

Ravi Kumar - Complainant(s)

Versus

OLA CABS - Opp.Party(s)

Dikshit Arora Adv. & Rajni Adv.

31 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	453 of 2018
Date  of  Institution	:	10.08.2018
Date   of   Decision	:	31.01.2019

 

 

 

 

Ravi  Kumar aged 31 years son of Sh.Banarsi Dass, resident of H.No.3023, Tribune Colony, Sector 29-D, Chandigarh.

             …..Complainant

Versus

1]  OLA Cabs, Regd. Office ANI Technologies Pvt. Ltd., Regent Insignia, 414, 3^rd Floor, 4^th Block, 17^th Main, 100 ft. Road, Koramangala, Bengaluru.

2]  Bhavish Aggarwal, CEO, OLA Cabs, Regd. Office ANI Technologies Pvt. Ltd., Regent Insignia, 414, 3^rd Floor, 4^th Block, 17^th Main, 100 ft. Road, Koramangala, Bengaluru.

3]  ANI Technologies Pvt. Ltd., SCO No.301-302, IInd Floor, Sector 38-D, Chandigarh (Chandigarh Office) through CEO

         2^nd Address:-

Plot No.66, 4^th Floor, Industrial Area, Phase-II, Chandigarh.

   ….. Opposite Parties 

 

BEFORE:  MRS.PRITI MALHOTRA    PRESIDING MEMBER 

                    MR.RAVINDER SINGH         MEMBER

 

 

Argued by :- Complanant in person.

  OPs exparte.

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         Briefly stated, the complainant on 2.8.2018 at about 02.22 PM booked Ola Cab from Sector 29, Tribune Colony to Elante Mall, Industrial Area, Chandigarh through OLACABS Mobile application from his Mobile No.9501367356 (Ann.C-1).  It is stated that at the time of booking of the cab, the complainant was shown by the OP in its mobile application that after discount, the complainant has to pay to OPs Rs.22/- only for the ride from Sector 29 to Elante Mall, Chandigarh, but even after giving the offer/scheme to the complainant, the OP has charged a sum of Rs.36/- instead of Rs.22/-.  It is also stated that the complainant was shocked after seeing the bill of Rs.71.55 for the ride of two kilometers only that means they charge Rs.35.77 for one kilometer (without discount), which is unfair, illegal and against the notification issued by Chandigarh Administration vide No.2/3/20-HIII(7)-2013 in the year 2013.   It is submitted that as per the said notification, the OPs cannot charge more than Rs.23/- per kilometer but to the utter shock of complainant, the OPs mentioned in the bill Rs.35.78 per kilo meters and had malafidely shown Rs.22/- for two kilo meter (Entire ride) (Ann.C-3). Alleging the above act of the OPs as gross deficiency in service and unfair trade practice, this compliant has been filed. 

 

2]       OPs No.1 to 3 did not turn up despite service of notice, hence they were proceeded exparte vide order dated 1.10.2018 and 14.1.2019 respectively. 

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the complainant in person and have also perused the entire record.

 

5]       It is quite evident from Ann.C-1 on record that the complainant booked a taxi with OPs for his trip/ride from Sector 29 Tribune Colony, Chandigarh to Elante Mall, Industrial Area, Chandigarh, stated to be about two kilometers for which he has to pay Rs.36/- and that too after giving him benefit of coupon savings which as per the complainant was 50% of the trip amount. The amount quoted for the proposed trip was basically shown as Rs.71.55, which means that OPs are charging Rs.35.77 per kilometer and only by virtue of coupon saving scheme, the complainant was given the benefit upto 50% of the proposed amount and thus was charged Rs.36/-.  

 

6]       As per the notification, issued by Chandigarh Administration vide No.2/3/20-HIII(7)-2013, dated 15.5.2013 (Ann.C-2), the Taxi Operators are directed to charge within the prescribed limits and as per the said notification, the prescribed rate to charge for AC Taxi per kilometer is Rs.23/- and factually/evidently, the OPs are exhibiting Rs.35.77 per kilometer, which clearly amounts to the violation of said notification. This charging of exorbitant price is not less than an unfair trade practice besides the deficiency in service on the part of the OPs. The OPs absence despite being duly served further strengthens the allegations of the complainant set out in the present complaint, which goes unrebutted and uncontroverted. The allegations of charging high in defiance of the Notification issued by the Chandigarh Administration as discussed above is well proved on record. It is observed that by practicing unfairly, the OPs are grabbing the hard earned money of the gullible consumers, which is required to be curbed.  

 

7]       However, the assertion of the complainant that on his mobile application, it reflected that OPs shall charge Rs.22/-  for the ride from Sector 29 Tribune Colony to Elante Mall, Industrial Area, Chandigarh, is devoid of any cogent proof in this regard, hence can’t be considered.

         At the same time, it is observed that the OPs ditched the complainant by giving him fake discount of 50% (coupon savings) as it was given on exorbitant rate/amount i.e. the rate exhibited in bill was already quoted on higher side, in violation of the rate, as mentioned in the above referred notification.  

8]      Keeping in view the above facts & circumstances of the case, the deficiency in service coupled with unfair trade practice resorted to by the Opposite Parties is proved.  Though not much financial loss has been occurred to the complainant, but certainly the OPs not only rendered deficient services towards the complainant, but also showed their indulgence into unfair trade practice, therefore, the complaint is allowed against the Opposite Parties No.1 to 3 with direction to pay an amount of Rs.5000/- to the complainant, towards compensation for deficient services coupled with unfair trade practice along with litigation charges of Rs.2000/-.

9]       Further, for getting themselves enriched by such unfair means at the cost of gullible consumers, the Opposite Parties warrants a stringent action against them.  Therefore, we are imposing a penalty of Rs.One Lakh upon the OPs in the interest of justice, which they shall deposit in the Poor Patient Welfare Fund (PPWF) of PGIMER (Post Graduate Institute of Medical Education & Research), Chandigarh and submit the receipt thereof with this Office.  

         This order shall be complied with by the OPs within the period of 30 days, failing which they shall also be liable to pay additional compensatory cost of Rs.5,000/- to the complainant, apart from complying with the above relief. The complainant shall ensure the complete compliance of this order having remedy under relevant provisions of the Consumer Protection Act, 1986.

         Certified copy of this order be sent to the parties as well as Director, PGIMER (Post Graduate Institute of Medical Education & Research), Chandigarh. After compliance file be consigned to record room.

Announced

31^st January, 2019                                                                                                                                                                          

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

 

 

(RAVINDER SINGH)

MEMBER