High court asks Delhi government to hear Uber out

NEW DELHI: A day after Olacabs approached Delhi high court on the ban imposed on them by Delhi transport department, taxi aggregator Uber also approached the court challenging the ban. The company, whose driver was recently arrested for rape, has sought quashing of a public notice blacklisting it.

Justice Vibhu Bakhru, who heard the plea, asked the transport department to grant a hearing to Uber India Systems Pvt Ltd. The company was directed to make its representation before the department on December 29.

Through senior lawyer Rajiv Nayar, Uber argued it had not been provided a fair and proper hearing in accordance with the principles of natural justice before issuance of the public notice. It sought parity with the relief granted to Olacabs. But HC declined its request, observing that the two cases were "not identical" .

"The passenger pays to the taxi person there while in your case payments are accepted through other mode. We are not staying the order, but we would like them ( Delhi government) to hear you. The concerned officers of the department shall pass a speaking order after considering all the points raised by the petitioner (Uber)," said the court.

Meanwhile, HC kept the petition pending and listed it for further hearing on January 6. Justice Bakhru also directed that Uber shall provide necessary contact details, including e-mail addresses for communication, to the department.

Uber told court that the order was passed under the wrong presumption that it is a radio taxi company whereas it is actually a mobile-based platform connecting users to drivers. "As per the terms and conditions applicable to transport providers using the Uber platform, it is abundantly clear that Uber BV does not provide any transportation service and is not a transportation or passenger carrier," it added, highlighting that any person who owns a taxi can get registered with the petitioner.

The Centre and Delhi government, however, opposed any relief to Uber.

The company said in a statement: "Uber has fully cooperated with the investigating authorities in providing all necessary details pertaining to the case...We will continue to provide all assistance to the investigating authorities in future as well. The honorable Delhi high court while hearing Uber's petition today issued a direction to the concerned transport department to decide on our case. We are hopeful and confident of a positive outcome which will benefit our drivers and riders in the near future."