Getmecab — Compensation for economic loss and mental trauma due to negligence from GetMeCab

Address:B-26, Rajeev Nagar, Opp. Rohini, Sec-22,Near Radhey Krishna Mandir, New Delhi-110085

I, Advait Jani, S/o Mahesh Jani, aged about 39 years currently residing at 65, 2nd Floor Uday Park, New Delhi – 110049. Permanent address 17/3, Brightons Road Kannikapuram, Chennai – 600012, do solemnly affirm and state as under: -
1. That I am the Complainant in the above case and am well conversant with the facts and circumstances of the case.
2. That the Annexed Consumer Complaint under Consumer Protection Act 2019 has been drafted by my Advocate under my instructions which has been read over and explained to me and I have understood the same well.
3. That the contents of paragraphs 1 to 18 of the Consumer Complaint under Consumer Protection Act 2019 are true and correct to my personal knowledge and belief.
4. On 8th September 2021, I had made a booking for a taxi on the Yatra Portal for a round trip from Delhi to Haridwar for 10th September 2021, 11:00 Hrs departure. Yatra Booking number[protected]. The booking was made with Get Me Cab via Yatra. Booking number issued by Get Me Cab: ORDEL[protected].
5. On 10th September 2021, Get Me Cab sent a White Honda Amaze car. Vehicle number
DL1 CAE 0158. The was driven by Mr Mukesh Kumar (Mobile:[protected] and arrived at the pickup location more than 2 hours after scheduled departure. As per records of Ministry of Road Transport & Highways VAHAN NR e-service this is White Honda Amaze registered in 2015. This vehicle was operated illegally by Get Me Cab as a Taxi.
6. At around 14:00 Hrs, the above stated vehicle was involved in a road accident on the Delhi – Meerut Expressway. The location of the crash was around 5 kilometers before the Toll gate in Meerut. The car crashed into the side of a truck which was driving ahead o[censored]s. The driver of the car, Mr Mukesh Kumar had fallen asleep while driving and only reacted to the situation when he was alerted by me. The front portion of the car was completely damaged and made the car completely immobile.
7. The other occupants of the car were my mother, Ms Aarti Japee, Age around 70 Years and myself. While the driver and I escaped unhurt, my mother was injured in the face and required 4 stitches in the emergency immediately. We also had to make multiple visits to the hospital for cleaning and dressing for the stitches for the next 10 days. Apart from the physical trauma, my mother was in a state of shock and extremely upset about not being able to take the holy dip in the Ganges.
8. Post the accident, I immediately informed Get Me Cab about the incident and requested them to make alternative arrangement to take my mother to a nearby hospital for treatment and then back home to Delhi. The call was made to a customer care representative on Mobile:[protected].
9. After waiting nearly for 1 hour on the highway, Vehicle Number HR58 B 8455 driven by Mr Ranjeet (Mobile:[protected] arrived at the accident spot to pick us up. It was after this the disgusting nature of Get Me Cab started to be seen. Instead of trying to help us in time of need, they took this as an opportunity to make more money. I was informed by the customer care official on WhatsApp chat that I now must pay extra Rs 2000 to the new driver if my mother and myself had to be taken to hospital and then back home.
10. Due the circumstances of the moment and the urgent need to take my mother to hospital, I agreed but also messaged them saying that the accident was caused by their negligence and as a customer paying for their service, they need to bear the costs. The customer care on chat assured me that he will talk to his superior and sort this out at the earliest and get the costs reimbursed. However, it is quite clear now that this was never their intention.
11. Post the accident, I got my mother treated at Shivalik Hospital in Ghaziabad for her injuries after which she required multiple visits to a hospital every second day to get her stitches cleaned and dressed. Due to her old age, not only has her recovery been very slow, but she was also unable to visit the local hospital without my assistance. The incident has not only physical pain to her, but also mental stress for her and me. It also led to loss of working hours for me.
12. Between 10th September and 27th September 2021, I had sent multiple messages on WhatsApp[protected] and emails to [protected] updating them about my mother’s treatment and the costs involved. There was complete silence from Get Me Cab about the refund process or what they are doing about the incident. All medical and transport related bills have been emailed to Get Me Cab.
13. When I confronted them about them using a private vehicle illegally as a Taxi and also sending a driver that was clearly inexperienced and not in any state to drive. Instead of accepting their fault, they tried to blame be for it stating that I should have checked the car and the condition of the driver.
14. On 27th September 2021, I was informed by a representative from Get Me Cab on WhatsApp that they will NOT be refunding the Rs 2000 I had to pay the second Taxi driver to go to the hospital, the medical and travel bills for my mother’s treatment for the remaining 10 days. They said that they will be only willing to refund the advance of Rs 1880 paid to Yatra. It was very evident from the tone of the emails and whatapp messages that Get Me Cab was clearly arm twisting me into accepting the payment at their terms or get nothing from it.
15. The greed of Get Me Cab goes beyond just cheating their customers. As per a conversation with Mr Mukesh (Driver), He informed that Get Me Cab had deducted Rs 7500 from his salary claiming that they had to reimburse my expenses. It is quite evident that Get Me Cab has pocketed this money for themselves while lying to the employee and the customer.
16. The incident that happened on 10th September 2021 was no Accident. It was a Crash due to multiple factors. First, Get Me Cab intentionally sending a private vehicle meant that that vehicle could speed above 80 kmph. Had this been a commercial vehicle, the vehicle would not have been able to accelerate, and the crash could have been avoided. It is also very evident that the driver they sent was in no state to drive and clearly inexperienced. This could have been completely avoided had Get Me Cab put the interest of its customers first over profit.
17. While the incident on 10th September had left me shaken for a moment. The behavior by Get Me Cab after the incident has had a worse feeling than the accident. From the actions of Get Me Cab, it is very evident that they will put profit above everything else.
18. It is therefore my humble request to the commission to look into this matter to compensate me for the economical expenses due to this road crash and the mental harassment caused by Get Me Cab after the accident till date to an amount of Rs 50, 000.
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    13/5, Basement, East Patel Nagar, New Delhi, Delhi, India - 110008
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