What can I do about overcharging or safety lapses by a cab aggregator like Ola or Uber?

Question

My cab aggregator app charged me far more than the fare estimate shown, and separately I had a safety concern with a driver during a ride. I want to know how to hold the platform accountable. What I am unsure about is the procedure — where the application goes, what it costs, and how long cab aggregator overcharging matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to cab aggregator overcharging here is Motor Vehicles Aggregator Guidelines 2020, Consumer Protection Act 2019, Section 2(47), Consumer Protection (E-Commerce) Rules 2020, Rule 5 and Motor Vehicles Act 1988, Section 93. The detail below matters, because Motor Vehicles Aggregator Guidelines 2020 draws the line differently depending on what your documents show.

The Motor Vehicles Aggregator Guidelines 2020 issued under Section 93 of the Motor Vehicles Act 1988 require aggregators to display the estimated fare before the ride begins and restrict surge pricing to a defined multiple of the base fare, so a large unexplained deviation between quoted and charged fare is a violation.

Charging a fare inconsistent with the on-screen estimate or the applicable surge cap without disclosure is an unfair trade practice under Section 2(47) of the Consumer Protection Act 2019, since the consumer is induced to book based on a fare that is then not honoured.

Rule 5 of the Consumer Protection (E-Commerce) Rules 2020 requires the aggregator, as an e-commerce entity, to provide a grievance officer and a transparent mechanism to address billing and service complaints within a defined timeline.

The Aggregator Guidelines 2020 mandate driver verification, GPS tracking, a panic button and 24x7 control room facilities for passenger safety, and a lapse in these safeguards leading to a safety incident makes the aggregator answerable both to the transport authority and to the passenger.

Persistent overcharging or a safety lapse traceable to the aggregator's non-compliance with its licence conditions is a deficiency in service under Section 2(11) of the Consumer Protection Act 2019, entitling the passenger to a refund and compensation.

What this means for you: 1) Take a screenshot of the fare estimate at booking and compare it with the final invoice; 2) Raise a complaint through the app's in-app support and, for safety issues, use the panic/SOS feature and inform the police if needed; 3) Send a written complaint to the aggregator's grievance officer demanding a refund or explanation; 4) File a consumer complaint, or report the licence violation to the regional transport authority, if unresolved.

Where the facts are disputed, what usually decides a cab aggregator overcharging matter is the paper trail — dated complaints, acknowledgments and written replies under Motor Vehicles Aggregator Guidelines 2020. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.