Plea in Delhi HC against Uber
Four days after the alleged rape incident in which a driver associated with US-based cab service provider Uber was arrested, a plea was on Tuesday filed in the Delhi High Court seeking action against all internet companies for failing to appoint grievance officers.
New Delhi: Four days after the alleged rape incident in which a driver associated with US-based cab service provider Uber was arrested, a plea was on Tuesday filed in the Delhi High Court seeking action against all internet companies for failing to appoint grievance officers.
The high court had last year directed internet companies to display on their websites the name and contact details of grievance officer to deal with complaints by internet users as Information Technology (Intermediaries) Rules mandate it.
The plea filed by K N Govindacharya contends that despite the August 23, 2013 order by the high court, it has not been implemented by the Centre. Thus, Uber Taxi service was able to perpetuate illegal operations in India, it said.
The plea, filed through advocate Virag Gupta, seeks a direction to the Centre to prosecute all such companies, including Uber, which failed to appoint grievance officer.
"Uber, being intermediary, has never appointed grievances officer as per above legal mandate and is doing huge business operations through 3000 car drivers which reflects failure of collapse of governance in the country," the plea said.
It says that more than 20 such taxi companies and thousands of other companies for various services are still operating and doing business in India without complying with various laws and orders.
The plea alleges the government has failed to check the illegality of agreements which are not authenticated with digital signatures, as it does not recognize any signature other than a digital signature, since services of such companies and apps are provided through exclusive agreements.
"Hence, all such agreements by internet/App companies with Indian users are illegal and if their business operations in India are allowed, then it may be detrimental to the interest of Indian users/consumers who cannot claim any damages/compensations for deficiency in services. Besides, government will not be able to recover taxes from such illegal operations," the plea added.