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Author Topic: Can we sue taxi company for late flight expenses?  (Read 814 times)

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Offline vrsabhanu

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Can we sue taxi company for late flight expenses?
« on: February 13, 2017, 11:35:19 PM »
I booked a taxi through Aha Taxis from Govardhan (UP) to Delhi. I stipulated the time when I made the booking & received confirmation from the company.  The taxi driver came 40 mins late, did not know the way & consequently we missed our flights.  It cost us about 17000rs for new tickets, about 4000rs hotel for the day plus great inconvenience etc.

Can I sue the company for compensation for the above?

Offline riteshmaity

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Re: Can we sue taxi company for late flight expenses?
« Reply #1 on: February 14, 2017, 07:22:12 AM »
You can sue but before that make sure that you have enough evidence that:

1. You have booked the cab with sufficient time in hand considering the other factors like the location of pick up, time of travel, traffic, condition of the road etc.

2. The cab was 40 minutes late only due to factor not attributable to them i.e. the cab was not late due to traffic or bad road condition or difficulty in finding your location.

The main criteria for suing is that you have to prove that there was negligence/ deficiency of service and you have suffered loss (loss part you can prove easily). But if you can prove that there was negligence, like the cab started from the company late, or stopped somewhere unnecessarily or broke down etc. then you have a case. 
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Offline vrsabhanu

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Re: Can we sue taxi company for late flight expenses?
« Reply #2 on: February 16, 2017, 02:37:56 AM »
txs for the input Ritesh.

The previous taxi who came via the same company had  a GPS to find the place (when we were dropped off).  This chap did not.  He got lost going out of Govardhan & also got lost when we entered the airport - he drove to arrival rather than departures despite me warning him beforehand.   So - surely there must be some ownership of the problem on their side?


Offline riteshmaity

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Re: Can we sue taxi company for late flight expenses?
« Reply #3 on: February 16, 2017, 11:02:14 AM »
If you can prove that he drove to arrival and not to departure in spite of your warning, then you have a good case. You can prove that in court either through witness, any documents, video records, gps records etc. Now can you get all those evidences before court?

Verbal statement won't be of much use if it is not corroborated with evidence. 
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Offline adv.amarnath

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Re: Can we sue taxi company for late flight expenses?
« Reply #4 on: February 16, 2017, 07:50:58 PM »
You have very good case but you must keep all necessary documents in hardcopy. In consumer forum there is no provision to show your mobile or sms.
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Amarnath Sanyal
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Offline riteshmaity

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Re: Can we sue taxi company for late flight expenses?
« Reply #5 on: February 16, 2017, 10:04:54 PM »
Sir, just for academic discussion, I think forum will allow the copy of print out of any sms/ emails from phone as a valid evidence. Can you please clarify?
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Re: Can we sue taxi company for late flight expenses?
« Reply #6 on: February 17, 2017, 05:13:56 AM »
do you think I will get anywhere by reporting this to a small claims court or the equivalent here in India? 

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Re: Can we sue taxi company for late flight expenses?
« Reply #7 on: February 21, 2017, 12:24:53 PM »
Yes, as per Section 65A of Indian Evidence Act.... Electronics evidence are acceptable in all courts of India but there are some procedures to prove such evidence which is very tough. As I said showing mobile or sms before the district consumer forum and acceptance of same is very tough but not impossible
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