Uber, Ola Drivers Delaying Rides Or Overcharging? Here's What To Do

In the aggregator app-dependent landscape of India, the perks of a convenient lifestyle are many, but so can be the woes. While an on-time cab at the nth hour can save one from a scolding at work, a late ride, despite booking on time, can land one in a spot with the boss, or even run risks of missing flights.

“I use Ola and Uber regularly, but the problems are never-ending. Especially with Uber e-rickshaws, auto rides, and Ola's auto service—they often don't arrive on time, and nine out of 10 times, they cancel the ride," said Sneha*, a student from Delhi University.

"I end up booking five-six rides in a row, only to have them cancelled, wasting one-two hours. Even when the ride is confirmed, it arrives 20 minutes late, while the app shows it's just 5 minutes away," they said.

Interestingly, the state consumer forum of Delhi has recently come out with a recent order, saying that if an Uber ride is late and there is no appropriate redressal provided about the same to the consumer, it would be a deficiency in service. Being a ride aggregator app, the same can apply to other such entities as well.

The law mandates a grievance redressal system for platforms like Uber, as per Akshat Pande, managing partner, Alpha Partners. While these platforms connect riders and independent drivers, the company is still responsible for addressing issues, as they provide the service and host the platform, he said.

However, as per Saumya Brajmohan, partner at Solomon & Co, it is the lack of a clear definition under the law that allows cab aggregators to evade liability.

"I pre-booked an Uber for 4 a.m. to catch my 6 a.m. flight to Mumbai," shared Delhi-based Advocate Akshat*. "The driver didn't show up and didn't respond to my calls. I almost missed my flight! Many times, they trouble us with no response or delayed responses, making it a stressful experience."

In another instance, Akshat was recently cheated by a cab aggregator app driver, while traveling to Alwar by using the intercity feature.

“I had booked a ride for an intercity trip. The fare showed Rs 1,900. The driver was fine initially, but when he dropped me off at Lajpat at night, he demanded an extra Rs 700, claiming it was for toll and Fastag charges that he never showed me. The portal showed no such reimbursement. They just loot us!"

A Delhi-based PR personnel, Reema*, said she was forced to cancel the booking mid-ride and then charged a higher fees at the end of the trip.

"I told him it was unsafe and would not be able to track my location and he would not be answerable to Uber customer care if anything happened. He still forced me and said that he'd take me safely and drop me back home after the meeting," she said.

What's The Legal Position?

Under the Consumer Protection Act, 2019, and Consumer protection (E-commerce ) Rules 2020, cab aggregators must promptly address consumer complaints. Failure to do so is considered a "deficiency in service". They are authorised to resolve issues like cancellations, overcharging, or misconduct through in-app mechanisms.

But when their efforts fall short, consumers can approach Consumer Commissions for redress, as per Ketan Mukhija, partner at Burgeon Law.

The state consumer forum ruling highlights that platforms must ensure transparency and fairness, with negligence potentially leading to penalties and compensation for affected consumers, he said.

As per Ameet Datta, partner at Saikrishna & Associates, complaints need to be acknowledged within 48 hours and resolved within a stipulated time frame, typically one month.

Additionally, guidelines specific to ride-hailing platforms emphasise the need for fair trade practices and efficient complaint redressal systems, he said.

Altaf Fathima, partner at Saraf and Partners, agreed. The aggrieved customers can approach the District Consumer Disputes Redressal Commission or consumer court. The internal redressal mechanism has to redress the issue adequately, she added.

Emphasising the overriding effects of legal institutions, Tushar Kumar, an advocate at the Supreme Court of India, mentioned that platforms are also subject to judicial scrutiny regarding their contractual disclaimers and terms of service, which cannot override statutory obligations or infringe upon consumer rights. 

*Names changed to maintain anonymity.