For Uber Inc., the world’s most valuable start-up, India is a market it cannot afford to lose, especially considering Didi Kuaidi’s dominance in China. A significant part of its latest fundraising of $3.5 billion last week from Saudi Arabia’s Public Investment Fund, which values the company at $68 billion, is expected to be deployed to bolster its business in India, where it compete with Didi Kuaidi-backed Ola (ANI Technologies Pvt. Ltd). While Uber has managed to increase its market share in India from a paltry 5% around January last year to about 30-35% currently, the journey has been anything but smooth, given that the company found itself on the wrong side of the law on multiple occasions. Here is a look at those hiccups:
1. RBI’s two-factor authentication rule for credit card payments
Uber’s proposition of a seamless ride depended to a great extent on cashless payments. Uber used to store a passenger’s credit card details, and money used to be automatically deducted from the account after the completion of a ride. However, the payment method soon became unlawful after the Reserve Bank of India made two-factor authentication mandatory for even “card not present transactions”. The central bank had given all stakeholders time till 31 October (year) to comply with the regulations and later extended the deadline by one more month. Consequently, Uber announced a partnership with mobile wallet provider Paytm to comply with the law.
However, the company reintroduced credit card payments in July 2015, after the RBI relaxed two-factor authentication for transactions up to Rs.2,000. The company also launched cash payments in India in July last year, a move which industry executives say helped it narrow the gap with Ola.
2. The Delhi rape case
On 7 December, 2014, a woman in Delhi alleged that she was raped by a cab driver affiliated to Uber, an incident which changed the discourse for ride hailing services in the country. The Delhi government was quick to ban Uber from operating in the city. While Uber maintained that it merely provided a technology platform that connects drivers and consumers, the government said ride hailing services should take responsibility for the safety and security of passengers, leaving the door ajar on such issues. This kicked off a tussle between the likes of Ola and Uber and various state governments, which wanted them to register as taxi operators.
In October, India’s ministry of road transport issued guidelines for ride hailing services, identifying them as on-demand information technology-based transportation aggregators and not taxi companies, although it is up to the states to accept or reject this.
3. Surge pricing crackdown
Uber pioneered surge pricing in the taxi segment. Surge pricing allows Uber to raise fares in an area when demand is higher than supply. The company contends that surge pricing helps in increasing the number of drivers on road when demand peaks.
However, the company came under fire from the governments of Delhi and Karnataka, two of their biggest markets, for surge pricing. The Karnataka government, which fixed an upper limit for the fare charged by ride hailing services in the Karnataka On-demand Transportation Technology Aggregators Rule, 2016, continues to impound cabs affiliated to Ola and Uber. The Delhi government also threatened to crack down on Ola and Uber if surge pricing continues. To be sure, both Ola and Uber have temporarily stopped surge pricing in Delhi and Bangalore following the crackdown.
4. Licence for operations
Last month, the Karnataka transport department said that the government has implemented the Karnataka On-demand Transportation Technology Aggregator Rules 2016, which requires businesses to hold an effective licence.
A statement issued by the commissioner of transport’s office stated that taxi aggregators who are yet to obtain relevant licences should immediately stop operations, a move which could hold up the operations of Ola and Uber.
Uber said the company has applied for the licence. Uber has also filed a separate petition with the Karnataka high court on Wednesday, objecting to certain clauses in the Karnataka On-demand Transportation Technology Aggregators Rule, 2016.
5. Bike taxis
In Karnataka, the transport department had cracked down on bike taxi services offered by Uber and Ola. Both companies have since withdrawn bike taxi services, which was launched in March.
6. Supreme Court’s verdict on diesel taxis
Before the Delhi government threatened a crackdown on surge pricing, Uber and rival Ola had faced another roadblock in Delhi in December last year, when the Supreme Court barred the registration of diesel vehicles with engines bigger than 2,000cc in Delhi-NCR until 31 March. The move could have impacted the ride hailing services as conversion to compressed natural gas could have been capital intensive. However, in a relief to the companies, the Supreme Court last month allowed diesel cabs running on all India tourist permits to ply in the national capital region (NCR) until the expiry of these permits.