A consumer court in Bengaluru recently directed online food ordering platform Swiggy to pay Rs 5,000 to a customer for not delivering an ice cream ordered using the food delivery app in 2023. The cost includes a compensation amount of Rs 3,000 and Rs 2,000 litigation costs.
Observing that there was a “deficiency of service” and “unfair trade practice”, the Bangalore Urban II Additional District Consumer Redressal Commission also directed the platform, owned by Bundl Technologies, to refund the amount of Rs 187 paid by the customer while ordering the ice cream, the Bar and Bench reported.
“We are of the considered view that the complainant has proved that there is a deficiency of service on the part of the OP [Opposite party/Swiggy) since OP has not refunded the amount paid by the complainant though the ordered product has not been delivered to the complainant. The said acts of the OP amounts to deficiency of service and also unfair trade practice,” the consumer forum said in its ruling.
The customer had reportedly placed an order for ‘Nutty Death by Chocolate’ ice cream from the ‘Cream Stone Ice Cream’ restaurant via Swiggy on January 26 last year.
The customer claimed he never received the ice cream, but the status on the Swiggy app showed ‘delivered’ after an agent picked it up for delivery. When the customer approached the delivery platform with a complaint, Swiggy failed to refund the pre-paid order amount. This prompted the customer to approach the consumer forum for relief.
In court, Swiggy invoked provisions of the Information Technology Act and countered that it was only an intermediary between the customer and third-party restaurants and could not be held liable for the alleged mistake of its delivery boy.
The company maintained that it was not in a position to check if the order was delivered, particularly when it was marked as delivered on the app
The court, however, rejected Swiggy’s contention that it was protected from liability and observed that the exemption was limited to the dissemination of information and not applicable to the sale of goods and services.
Further, it ordered Swiggy to refund Rs 187 pre-order amount and pay Rs 3,000 as compensation and Rs 2,000 as litigation costs to the complainant.
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