Punjab

Fatehgarh Sahib

RBT/CC/1077/2018

Nitin Rana - Complainant(s)

Versus

Domino's - Opp.Party(s)

S.K.Kaundal

30 Aug 2022

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                                       RBT/CC/1077/2018

CC/1077/2018

                                                                             Date of Institution: 18.10.2018

                                                                             Date of Decision:   30.08.2022

 

Nitin Rana, Advocate, aged 30 years , R/o H. No.267, Sec-15, Dashmesh Nagar, Tehsil Kharar, Distt. Mohali.                                                                                                                                                                               …………....Complainant(s)                       

                                                     Versus

Domino’s SCO No.53/C-54, Ground Floor, Sec-125, New Sunny Enclave Tehsil Kharar, Distt. Mohali, through its Manager/authorized signatory.

       …………....Opposite Party(s)

 

Complaint under  Section 12 of the Consumer Protection Act 1986

Quorum: Sh. Pushvinder Singh, President

                 Ms.Shivani Bhargava, Member

                 Sh. Manjit Singh Bhinder, Member

 

 

Present:  Sh. K.K. Kaundal, Counsel for Complainant.

                Sh. Gurpreet Singh, Counsel for OP.

Order By

Shivani Bhargava, Member

 

1.                   The present complaint has been filed by the complainant (hereinafter referred to as ‘CC’) against the opposite party (hereinafter referred to as “OP”) with a prayer to direct the OP to refund Rs.300/- along with interest @ 18% per annum. CC also seeks compensation of Rs.10,000/-  towards compensation for mental and physical harassment and Rs.10,000/- towards litigation expenses.        
2.                   The CC has stated that the OP is running business of Pizzas preparation and its delivery to the customers on their orders.  On 23.07.2018, CC ordered for two medium pizzas  i.e. farm house and another is peppy paneer vide order no.185 at 8.37 PM through online application of Domino’s and for the said order paid a sum of Rs.523/- through his debit card. As per instructions of said application of OP the delivery of order was guaranteed to be delivered within 30 minutes as such the delivery of order of CC was to be delivered till 9.07 PM. But the CC delivered the Pizzas at about 9.13 PM. Due to non-delivery of Pizzas in time, at about 9.08 PM CC made a call to the number at the abovesaid application of the OP but the CC did not satisfied with the reply. CC tracked the delivery of order online as provided on the said application of OP. As per terms and conditions of the delivery CC was entitled for a refund of Rs.300/-. The CC also made call on toll free number of OP and OP assured the CC for refund of Rs.300/- within 7-12 days. But till date no amount has been paid. The CC also served a legal notice dated 13.08.2018 on the OP. CC has claimed refund of Rs.300/- along with interest and also sought compensation for mental and physical harassment and for litigation expenses.                    
3.                      On notice, OP appeared and filed a written reply to the complaint. The OP did not deny the order made by CC for two pizzas and also did not deny the payment made by the CC of Rs.523/-. OP denied all other allegations of complaint and prayed for dismissal of the complaint. The complainant also filed rejoinder to the written reply filed by the OP, reiterating the facts contained in the complaint and denying the written reply filed by OP.
4.                     In order to prove the complaint CC produced a copy of his Aadhaar card as Ex.C-1, copy of order confirmation as Ex.C-2, copies of track orders as Ex.C-3, copy of terms and conditions of OP as Ex.C-4, copy of legal notice as Ex.C-5 along with postal receipts. Copy of another track order reports  as Ex.C-6 and Ex.C-7, copy of call details as Ex.C-8. On the other hand OP did not lead any evidence.
5.                      We have heard the counsel for the parties and have gone through the file.
6.                      Undisputedly the OP was running a business of Pizza preparation and its delivery to its customers on their orders. It is also not disputed that on 23.07.2018 CC ordered two medium size pizzas i.e. one farm house and another peppy paneer vide order number 185at about 8.37 PM through online application of Domino’s and CC paid a sum of Rs.523/- through debit card. The order was confirmed by the OP and copy of order confirmation is as Ex.C-2 on the file. The CC has produced the copy of Aadhaar card to prove his address as Ex.C-1 and he stated that he gave his correct address to the OP for the delivery of the pizzas. The CC has proved the copies of terms and conditions of delivery of orders made through application of the OP as Ex.C-4. The same is also not disputed by the OP and as per the terms and conditions it was guaranteed by the OP that the order shall be delivered to the customer on his address within 30 minutes, otherwise the OP shall be liable to pay a sum of Rs.300/- in case of late delivery. The case of the CC is that the delivery of order was made at 9.13PM instead of 9.07PM. There was a delay in delivery and as such the OP is liable to pay Rs.300/- as per the terms and conditions of OP. Late delivery has been proved by the CC by proving on the file the track order reports downloaded from the application of the OP. So, the CC is entitled to recover Rs.300/- from the OP for the late delivery. OP gave guarantee for the delivery of pizzas etc. within a specific period i.e. 30 minutes to increase the sale, so, OP is certainly liable to pay the amount of Rs.300/- on default. So far as the compensation as claimed by the CC for harassment is concerned, CC has not pleaded or proved any particular harassment made by the OP. So on account of harassment no amount can be awarded to the CC.  However, CC was compelled to file this complaint by the OP when they refused to refund the payment of Rs.300/- despite service of legal notice upon it through registered post and as such CC is entitled for litigation expenses.  
7.                               In view of our aforesaid discussions, the complaint is allowed and the OP is directed to refund the amount of Rs.300/- and also directed to pay a sum of Rs.1000/- towards litigation expenses. Compliance of this order be made by the OP within a period of 45 days on receipt of certified copy of this order. The copy of this order be provided to the CC and OP free of cost. File be indexed and consigned to record room.
8.  

30.08.2022                                                               (Pushvinder Singh)

                                                                                     President

 

 

 

    (Manjit Singh Bhinder)

                                                                                                     Member

 

 

               

                                                                            (Shivani Bhargava)

   Member