Date of Filing: 01.04.2019

Date of Judgment: 29.06.2022   

Mrs.  Sashi Kala Basu, Hon’ble  President

This complaint is filed by the complainant , Partha Roy Choudhury, under section 12 of the C.P Act, 1986 against the opposite parties  namely 1) Uber India Systems Private Limited and 2 ) Sandeep , Driver of Uber Service Driving Car no. WB04H2486, alleging deficiency in service and unfair trade practice on its part.

The case of the complainant, in short, is that on 4.6.2018 he along with his family booked a vehicle by availing the mobile app of Uber Service from Kolkata Netaji Subhas Chandra Bose Airport to go to their house. He was allotted one Maruti Dzire Car bearing registration no. WB04H2486 and O.P no.1 also provided the name and contact number of the O.P no.2, the driver of the car. When the car reached Alipore near Horticulture Garden, it met  an accident with another car ,as O.P no.2 fell asleep while driving. O.P no.2 was driving the car on the wrong route and collided with another car which was coming from opposite direction. Due the said accident complainant and his wife suffered bodily injury. The police personnel also immediately rushed to the spot who were on duty there and complainant and his family members were taken to CMRI, where they were given preliminary treatment. The complainant’s 6 years old son was also given medical treatment and they were discharged. It is the responsibility of the O.P company to induct and assign the drivers to the customer who are in good health and not in toxic or sleepy state. By availing the service of O.P no.1, complainant and his family members narrowly escaped from major bodily injury. The accident took place purely due to negligent act of the Driver. The O.P no.1 also failed to monitor the work duration of the driver who was driving the said car , in which the complainant and his family members were riding. Due the said accident the complainant and his family members have suffered mental trauma and harassment and thus the present complaint has been filed for directing the O.P nos. 1 and 2 to pay a sum of Rs.50,000/- as compensation, to reimburse the amount paid by the complainant at CMRI towards medical treatment i.e Rs. 500/-, travelling cost of Rs.175/- and litigation cost of Rs.10,000/-.

The complainant has filed documents relating to booking of the car on 4.6.2018 , the mail sent by the O.P company to the complainant and the legal notice sent by the complainant to the O.P dated 19.9.2018.

On perusal of the record it appears that notices were sent but the O.Ps inspite of service did not take any step and thus, the case has been heard exparte.  

So, the only point requires determination whether the complainant is entitled to the relief as prayed for.

Decision with reasons

             In support of his claim that he booked the car bearing registration no. WB04H2486  of the O.P no.1 company through its app, the complainant has filed documents, from where it is evident that an amount of Rs. 371.27  towards the booking of the car was paid. Complainant has also filed a mail sent by the O.P no.1 to the complainant on 9.6.2018 which also reveals that the accident by the said car was informed by the complainant to the O.P no.1 and date and time of accident and location about the vehicle have been categorically stated in the said mail sent by the O.P-1.  So, even though complainant has not filed any medical documents showing his treatment and his family members at CMRI as claimed by him and also the documents showing any registration of the case before the police station, but the said mail of the O.P-1 substantiate the claim of the complainant about the accident, especially when before this Commission there is no contrary material forthcoming. A notice was also sent by the complainant to the O.P no.1 as well O.P no.2 being the driver of the said car of the O.P no.1, narrating the entire facts about the accident and that they had sustained some minor injury but no reply has been sent by the OPs. If that be so, then as there is no contrary material to counter and rebut the claim of the complainant , complainant is entitled to an amount as compensation for the trauma and mental agony suffered by him. It may be pertinent to mention here that it is the responsibility of the O.P no.1 company to assign a driver to its customer who is not negligent and be careful. Thus on consideration of the facts and situation of this case, we find that an amount of Rs. 20,000/- will be justified as compensation and an amount of Rs. 5000/- as litigation cost.   

 Hence

              ORDERED

That CC/ 209/2019 is allowed exparte

The O.Ps are directed to pay Rs. 20,000/- to the complainant as compensation and Rs. 5000/- as litigation cost within 2 months from this date.