A Thane district consumer commission order directing Uber to pay Rs 20,000 to a lawyer who missed a flight to Chennai the cab driver - puts the onus squarely on aggregators to ensure proper delivery of service. Uber shirked responsibility for the driver's failures, claiming it merely facilitates a connection between driver and rider. And that the driver was not an employee but an independent contractor and therefore solely responsible for any incident. But the commission ruled that Uber arranged and scheduled the ride through third-party providers and that the rider paid the fare as charged by Uber to the app, and not to the driver.
Therefore, since Uber is running a ride-hailing business, it's the company's responsibility to ensure that drivers adhere to high professional standards, pass background checks, and are skilled enough to follow route instructions without making mistakes. Uber's claim that drivers are independent contractors was turned down by the UK Supreme Court while upholding an employment tribunal ruling that held they were "workers", although not "employees". Like the Thane consumer commission, the UK SC also noted that Uber tightly controlled the entire service. The Thane ruling should apply for all aggregators in future cases. A broader point is that social media companies can't get away by claiming they are merely platforms and therefore not responsible for any content they host.
As for consumer rights in general, the Thane ruling also shows why consumers seeking redressal have a tough time. The plaintiff was a lawyer and therefore trained to deal with courts. Most consumers aren't. And it took four years for the ruling - a period most consumers can't wait. According to the Union consumer affairs ministry, consumer commissions have reduced pendency from 6.3 lakh in June to 5.65 lakh in October. But that's still a huge backlog. Plus, companies frequently appeal against adverse orders obtained by consumers after a long fight. It's a brave consumer who enters the legal maze that's supposed to protect his/her rights.

Makes Uber Sense

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