Customer gets non-veg food on veg order, restaurant to pay the price

Ramkrishan Upadhyay

Chandigarh , November 11

The District Consumer Disputes Redressal Commission Chandigarh has directed a restaurant to pay a compensation of Rs 15,000 to a city resident for wrongly delivering non-vegetarian food items. The Commission has also directed it to pay another cost of Rs 20,000, which shall be deposited in the Poor Patient Welfare Fund, PGI, Chandigarh, and refund the cost of the items to the complainant.

In his complaint filed through advocate Deepanshu Mehta, Sudeep Goel stated that he had placed an order for food items on November 13, 2021, through Zomato Ltd and paid Rs 2,149.35. He was utterly shocked to see that non-vegetarian food items were sent to him. He immediately informed Zomato Ltd, which tried to shift the onus on Kalsang Restaurant, Chandigarh. He alleged that the opposite parties served a non-vegetarian dish in a vegetarian box containing green label depicting “Veg”.

The opposite party number 1 (the restaurant) was proceeded against ex parte after nobody appeared on its behalf before the commission.

In its reply, Zomato Ltd stated that it was not responsible for the acts on the part of the restaurant concerned, including the preparation of food or its packaging. It was only an intermediary/online ordering platform and could not be a party to or control in any manner for any sale transaction on the website/mobile application. It stated that the food item was duly prepared, packed and delivered by the restaurant concerned.

Denying all other allegations made in the complaint, a prayer for dismissal of the complaint was made by Zomato Ltd.

After hearing the arguments, the commission observed that the restaurant did not appear to contest the claim of the complainant and preferred to be proceeded against ex parte. The commission stated that it was abundantly clear that the wrong food packet was sent at the complainant’s place, which was consumed by his family. The consumption of non-vegetarian food by mistake was shocking and the family members of the complainant were certainly hurt as their religious sentiments were shaken by the act and conduct of the opposite parties.

In view of this, the restaurant was directed to refund Rs 2,149.35, the bill amount, paid by the complainant. The commission also directed it to pay Rs 15,000 to the complainant as compensation for causing mental agony and harassment and Rs 5,000 as costs of litigation.

The commission also directed it to pay another cost of Rs 20,000 to be deposited with the Poor Patient Welfare Fund, PGI.