A Delhi court today declined to entertain an NGO's plea seeking registration of FIR against app-based cab service providers, including Ola and Uber, for allegedly not adhering to rules to raise fares on the basis of meters fitted in the vehicles.
The complainant did not press for the application and preferred to withdraw it after which Metropolitan Magistrate Abhilash Malhotra treated it "dismissed as withdrawn" and held that the offences alleged in the plea under the Motor Vehicles (MV) Act were "non-cognizable".
The court, however, allowed complainant NGO Nyayabhoomi, which claimed that Ola, Uber and 'Taxi for Sure' were also allegedly violating permit conditions by running vehicles on diesel and providing point-to-point service in Delhi, to lead evidence in support of the complaint under Section 200, CrPC.
"The present complaint under Section 156(3) CrPC is filed against the accused alleging the offence under section 93 of MV Act and Sections 66/192A of MV Act which are non-cognizable offence in nature. Accordingly, complainants are not pressing their application under Section 156(3) CrPC and prayed that the complaint be treated as complaint under Section 200 CrPC. It seeks time to lead evidence under Section 200 CrPC.
"In view of the statement of counsel for complainant, application under Section 156(3) CrPC stands dismissed as withdrawn. Put up for arguments on point of maintainability of the complaint on November 10," the magistrate said.
The NGO, in its plea, has sought recovery of a whopping Rs 91,000 crore from the three app-based cab service providers for allegedly not adhering to rules relating to fares.
It had sought lodging of FIR alleging that by providing taxi and autorickshaw services, they were violating the permit conditions which amounted to commission of offences under sections 66 and 192A of the MV Act.
The complaint by the NGO, through its secretary Rakesh Agarwal, was filed against ANI Technologies Pvt Ltd which runs Ola, Uber India Systems Pvt Ltd and Serendipity Infolabs Pvt Ltd which runs Taxi For Sure.
Advocate Sumit Kumar Modi, appearing for the complainant, alleged that instead of CNG, these app-based service providers were running diesel vehicles and providing point to point services, violating Supreme Court orders.
The NGO also sought recovery of an additional penalty of Rs 26,000 crore from the firms and they be awarded jail term as per law.
It had in September also filed a case in the National Consumer Commission against Ola and Uber seeking refund of Rs 9,239 crore to consumers which was collected through "illegal" surge pricing by these companies.
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