A consumer commission in Uttarakhand directed a food delivery company and a restaurant to jointly refund Rs 10,520 to a customer, after he complained about getting a seven-inch pizza instead of the ten-inch pizza he ordered via an app.
The commission reportedly found that the restaurant had not provided the goods as promised by the app, which showed deficiency in service as well as unfair trade practice. This comprised Rs 520 as the money paid for the food delivery with a 7-inch pizza, besides Rs 5,000 each for mental and physical harassment as well as compensation to the consumer for the legal fees.
The Haridwar District Consumer Disputes Redressal Commission ordered M/s Bundle Technologies Pvt Ltd and Cafe Fost Factory to reimburse the complainant Rs 10,520 after finding them jointly accountable for a service failure, according to a report by The New Indian Express.
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Raj Trehan, a resident of Jwalapur, contacted the commission after submitting a legal notice and filing a complaint with the National Consumer Helpline, but was unable to obtain assistance.
Trehan claims that on March 10, 2020, he paid Rs 505 for two pizzas from Cafe Fost Factory, Tapovan, via an internet app. The platform advertised the pizzas as measuring 10 inches.
But the pizzas that were brought were just seven inches in size, according to Trehan. He claimed that even though the business admitted the error, it would not reimburse the money spent on the wrongly issued order.
The online platform argued throughout the proceedings that it could not be held accountable for the alleged failure since it just served as a middleman between the customer and the food establishment.
The platform and the café were both held accountable for the service shortfall by the commission, which dismissed the argument.
The commission president, Gagan Kumar Gupta, together with members Dr Amaresh Rawat and Ranjana Goyal, formed a bench that ordered the two organisations to jointly reimburse the Rs 505 pizza price and the Rs 15 delivery fee.
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The commission also granted Trehan Rs 5,000 for mental harassment and an additional Rs 5,000 for legal fees.
Within 45 days following the order, the whole payment must be made. The businesses will also be responsible for paying interest at a rate of 10% annually if they fail to comply within the allotted time.
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