Jodhpur District Commission Orders Zomato To Pay Rs. 1 Lakh Compensation For Delivering Non-Veg Food Instead Of Prescribed Veg Food Items
The District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan) bench comprising Dr. Shyam Sundar Lata (President) and Balveer Khudkhudiya (Member) held Zomato liable for the incorrect delivery of non-vegetarian food items to the complainant while he ordered vegetarian food items, causing him and his family mental and physical distress and hurting their religious sentiments....
The District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan) bench comprising Dr. Shyam Sundar Lata (President) and Balveer Khudkhudiya (Member) held Zomato liable for the incorrect delivery of non-vegetarian food items to the complainant while he ordered vegetarian food items, causing him and his family mental and physical distress and hurting their religious sentiments. The bench noted that Zomato, as a commercial entity and facilitator, cannot escape its responsibilities and ordered it to pay Rs. 1 Lakh to the complainant as compensation.
Brief Facts:
Mr Shekhar (“Complainant”) had placed an online order for vegetarian food, specifically, "Make Flurry Oreo and Pizza Makepuff," from McDonalds through Zomato, a popular food delivery platform. He stated that the food order was for Rs. 275.99 and was paid through Google Pay via the Zomato mobile app. Surprisingly, he received non-vegetarian food items instead of the vegetarian food. Allegedly, when the complainant contacted Zomato through Twitter messages, the company accepted the mistake and offered him food coupons as an inducement. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Jodhpur, Rajasthan (“District Commission”).
Zomato contended that it is merely a facilitator connecting customers to restaurants through its online platform. Further, it did not have liability for the quality of the goods sold by the restaurants and could not be held responsible for the delivery of the wrong food item. Zomato claimed that it was not at fault and should not be held responsible for the mistake. It objected to the lack of cause of action and argued that the Commission did not have jurisdiction to hear the complaint.
Observations by the Commission:
The District Commission noted that Zomato acknowledged their mistake when the Complainant contacted them through Twitter messages, and the complainant provided evidence in the form of photographs of these messages and the wrapper of the food item supplied, which was labelled as "Chicken Whole Wheat Bun." The District Commission highlighted that Zomato, as a facilitator connecting customers to restaurants through its online platform, had a duty to ensure the quality of the goods sold and delivered by established standards.
Further, the District Commission also emphasized that online platforms cannot escape liability if goods purchased through them do not meet the expected standard. It concluded that Zomato, as a commercial entity and facilitator, could not be absolved of its responsibilities.
Consequently, it ordered Zomato to pay an amount of Rs 1 lakh to the complainant as compensation. Further, it also directed Zomato to pay Rs 5,000 to cover the complainant's legal expenses.
Case Title: Shekhar Detha vs Zomato Ltd. Co. and Anr.
Case No.: CC/92/2022
Advocate for the Complainant: J.C Singhvi
Advocate for the Respondent: Vishvas Khatri