Zomato's Failure To Fulfill Promise Of 'On Time Delivery' Amounts To Deficiency In Service: Chandigarh State Consumer Commission

Amisha Shrivastava

22 Aug 2022 8:15 AM GMT

  • Zomatos Failure To Fulfill Promise Of On Time Delivery Amounts To Deficiency In Service: Chandigarh State Consumer Commission

    The State Consumer Disputes Redressal Commission has granted relief to a Chandigarh resident whose order under Zomato's promotional policy "On Time or Free" was cancelled after the delivery got delayed.The Commission observed that immense physical harassment & mental agony to the complainant and amounted to "deficiency in service" and "unfair trade practice" on part of the online...

    The State Consumer Disputes Redressal Commission has granted relief to a Chandigarh resident whose order under Zomato's promotional policy "On Time or Free" was cancelled after the delivery got delayed.

    The Commission observed that immense physical harassment & mental agony to the complainant and amounted to "deficiency in service" and "unfair trade practice" on part of the online food delivery platform.

    "The appellant (complainant) was deprived of food at late night hours, which he specifically ordered for his children. The feelings of the appellant would have definitely got hurt, when he came to know about the cancellation of the order by the respondents on their own and at that time, how he would have, with heavy heart, told the same to his children who were already waiting for the meal at late night hours."

    The Commission said that if there was any difficulty in delivering the item at the relevant time, the respondents should not have made the booking. However, when Zomato had charged Rs.10/- extra for 'On-time or Free' campaign, they were expected to deliver the same on time and in not doing so and simultaneously, cancelling the order on their own amounted to deficiency in rendering service and unfair trade practice on their part.

    The State Commission was of the view,

    "...such like alluring advertisement or campaigns should not have been published or launched by the respondent, in case, they cannot fulfill the same".

    The Appellant submitted that the order was cancelled and refund of the money was to be made up to 2 business days to process the refund. Further, his case falls under unfair trade practice as per Section 2(1)(47) of Consumer Protection Act as Zomato failed to deliver in time despite charging Rs.10/- extra for the scheme "ON TIME OR FREE".

    The State Commission directed Zomato to pay the appellant Rs. 10,000 as compensation and litigation expenses as well as provide him with one free meal within 30 days.

    Case Title - Ajay Kumar Sharma v. Zomato Pvt. Ltd. and Anr.

    Click Here To Read/Download Order

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