FINAL ORDER/JUDGMENT      

SMT. SUKLA SENGUPTA, PRESIDENT

The complainant Md. Ali Azhar has filed the petition of the complaint U/s 35 of CP Act, 2019 against the OP members alledgeing inter alia that being a resident under the jurisdiction  of this commission and also being a consumer as per section 7 (2) of the Consumer Protection Act, 2019. We further stated that the OP-1 is the parent holding company and the OP-2 is the office bearer of the OP-1. The OP-1 carried on its business of food ordering and delivery under the name and style “swiggy” which is online website/App provides service of food ordering and delivery of solution from the neighbourhood restaurant to the urban foodie. Simply, it is a single window for ordering from a wide range of restaurant. It is further stated by the complainant that the OP-1 has its own exclusive fleet of delivery personnel to pick up orders from restaurant and delivery it to the customers. Currently, they are serving on Bangalore, Gurgao, Kolkata, Pune, Chennai, New Delhi, Hyderabad and Mumbai.

It is further stated that he on or about 28.06.2021 at about 9.30 PM placed an order from his swiggy application account vide order No. # 1079 7257 9489 from Mandarain Gourmet restaurant for delivery 3 food items and the bill amount was Rs.  838/- only which was paid online in respect of the order. The photocopy of the bill of order No. # 1079 7257 9489 dated 28.06.2021 has been annexed and marked as ‘Annexure P-1’. It is further stated by the complainant  that on the same self date at about 10.29 PM he received a message that the said order No. # 1079 7257 9489 has been cancelled without any notification and/or permission from the petitioner. A replacement order was placed vide order No. # 107974776725 and the same was cancelled by text message “yours swiggy order # 1079 7257 9489 has been cancelled because the restaurant did not confirm your order for more than 10 minutes we apologies please use the Swiggy App to order from a different restaurant” and the photocopy of screen short of said message is annexed and marked as ‘annexure P-2’.

It is alleged by the petitioner that you has harassed and kept in waiting for a long time without servicing the food for which he had already paid the price and such conduct of the OP members compelled the complainant and his family members to stay in empty stomach over the night. Thereafter, the complainant  received a mail through support at the rate Swiggy in by namely, Jaya K, Swiggy Support team on  29.06.2021  at about 09.05 AM wherein it was informed to the petitioner that instead of refund they have initiated a coupon food love- RPGTZO worth Rs.  838/- only in the petitioner Swiggy offer section which can by applied on one order and its validity is only 30 days. The complainant  disagreed with the proposal of the OP and he demanded the immediate refund the whole amount as paid by him. Thereafter, on 12.07.2021 one Zulifjqar Ahmed P. M. from Swiggy escalation team regretted to inform the petitioner that they cannot process the refund, the petitioner was forced to take the food coupon which had validity of 30 days from the date of initiation that is 29.06.2021. The petitioner requested the OP’s escalation team by email dated 13.07.2021 to cancel the coupon and initiated refund to his source account but the escalation team of the OP refused the petitioner claim dated 13.07.2021 and subsequently, they said that the claim was left with dispute. The petitioner stated that he did not use the said coupon and such act of the OP members amongst to mal practice and unfair trade practice as they mis-appropriated the petitioner’s money. Hence, this case is filed by the petitioner with the prayer to give direction to the OP to pay this Rs.  50,000/- to the complainant for keeping him and his family members along with his guest in starvation through the night and also prayed for Rs. 15,000/- for compensation for his mental pain and agony and Rs.  20,000/- litigation cost.

The OP members even after serving notice through paper publication did not appear before the commission and to contest the case. As a result, the matter is heard ex parte against all the OP members.  

In view of above facts and circumstances, it has to be considered by the commission.

1. Whether the case is maintainable or not?

2. Whether the complainant is a consumer or not?

3. Whether there is/was any deficiency in service or unfair trade practice on the part of the OP members or not?

4. Is the complainant entitled to get the relief as prayed for?

5. To what other relief/reliefs is the complainant entitled to get?

Decision with Reasons

All the points are taken up together for convenience of discussion  and to avoid unnecessary repetitions.

It is the case of the complainant that on 08.06.2021 at about 9.30 PM he placed an order to the Swiggy application account, vide order No. # 1079 7257 9489 from Mandarain Gourmet restaurant for delivery three food items and bill amounts is Rs.  838/- which was paid on line by the complainant. On the same self day at 10.29 PM,  the complainant got a message from Swiggy that his order has been cancelled without any prior notification then the complainant placed a replacement order vide order No. # 107974776725 and the same was also cancelled vide text message because the restaurant did not confirm order of the complainant for more than 10 minutes which caused the complainant, his family and guest to remain empty stomach on that night thereafter, the complainant requested the OP members to return the money already paid by him but the OP members that swiggy support team Inform the complainant on 29.06.2021 at about 9.05 AM that they have initiated a coupon Food Love-RPGTZO worth Rs.  838/-. The complainant did not use that coupon and asked the OP members to return the money Rs. 838/- as paid by him. From the unchallenged testimony of the complainant, it is evident that the OP members did not pay any heed to the word of the complainant and caused mental pain, agony and harassment to the complainant which must be considered as deficiency in service and unfair trade practice.

            It is pertinent to mention here that the case is well within the pecuniary as well as territorial jurisdiction and well maintainable in the eye  of law in its present form.

            It is also needless to mention here that as and when the complainant placed the order for food to the OP members on or about 08.06.2021 at about  9.30 PM on payment of Rs.  838/- which is valued for food items ordered by him. Since then he is a consumer under the OP members.

On the careful consideration of the facts and circumstances as well as the unchallenged evidence cf of the complainant this commission does not find any reason to disbelieve the complainant’s case.

In view of the discussion made above, this commission is of opinion that the complainant is a consumer under the OP and the OP did not supply the food items to the complainant as per his order dated  08.06.2021 at about 9.30 PM even on receipt of the food price of Rs.  838/- (eight hundred thirty eight) and caused starvation to the complainant and his family member and guest and also caused his harassment mental pain and agony for which the OP members are liable to pay compensation to the complainant as prayed for.

So, this commission has no hesitation to hold the view that the complainant could be able to prove his case ex parte and is entitled to get relief as prayed for.

The case is properly stamped.

All the pointed are decided accordingly.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP members with cost.

The complainant do get the decree in ex parte.

The OP members are directed to pay valuation of the food of Rs.  838/- along with compensation of Rs. 15,000/- jointly and/or severally to the complainant with interest @ 9 % p.a. from the date of filing of this case till realization.

The OP members are also directed to pay Rs.  15,000/- jointly and severally to the complainant towards litigation cost.

The OP members are directed to comply the decree within 45 days from the date of this order. i.d. the complainant is entitled to get interest @ 6 % p.a. on the entire amount from the date of default till realisation.

If the OP members would fail to comply the decree within the stipulated period then the complainant is at liberty to execute the decree through court.

Copy of the judgment be supplied to the parties free of cost as per mandate of  the CP     Act, 2019. The Judgement be uploaded forthwith  on the website of the commission for perusal of the.