Ambala District Commission Holds Pizza Wings Restaurant Liable For Delivering Chicken Roll Instead Of Paneer Roll

Brief Facts:

The Complainant placed an order with 'Pizza Wings' restaurant via Zomato for a Paneer Korma Roll and paid Rs. 229/-. The delivery was made by a Zomato Delivery Executive. The Complainant, relying on the restaurant's service, consumed a portion of the roll without inspecting it thoroughly. After a few bites, it became apparent that the roll contained chicken instead of the expected paneer. This error led to the destruction of the Complainant's mental peace and deeply impacted his religious faith, as consuming non-vegetarian food contradicted his beliefs.

Upon discovering the mistake, the Complainant reached out to the restaurant via email. The restaurant admitted its fault and acknowledged that its employee had negligently prepared a chicken roll instead of the ordered paneer roll. The Complainant, feeling violated and deeply affected, issued a legal notice to the restaurant for compensation of Rs. 2,50,000/-. After not receiving a reply to the notice, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Ambala, Haryana (“District Commission”). The restaurant didn't appear before the District Commission.

Observations by the District Commission:

The District Commission held that the negligent act on the part of the restaurant not only caused mental distress but also shattered the Complainant's deep-seated faith in Lord Krishna. Despite the opportunity to contest the complaint, the restaurant didn't appear before the District Commission. Consequently, the District Commission held that the allegations outlined in the complaint stood unchallenged. Therefore, the District Commission held it liable to compensate the Complainant for the mental anguish and physical inconvenience endured.

Consequently, the District Commission directed the restaurant to pay lump-sum compensation along with the cost of litigation amounting to Rs. 5,000/- to the Complainant within 45 days from the receipt of the certified copy of the order.