CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/234/2020

Date of Institution:-02.02.2021

Order reserved on:09.07.2024

Date of Decision:-18.07.2024

IN THE MATTER OF:

Preeti Mohan Krishna,

D/o Mr. Man Mohan Krishna,

R/o, B-6, Ashiana Appts, Gali No.12,

Kapashera, Delhi - 110037           

Through AR: Sharad Mohan Krishna (Brother)                         ......Complainant

VERSUS

FoodCloud Pvt. Ltd.

A-30, Block B1, Block E,

Mohan Cooperative Industrial Estate,

Badarpur, New Delhi – 110044.                                                    .…..Opposite party

O R D E R

Per Dr. Harshali Kaur, Member

1. The Complainant regularly ordered for food on the O.P.'s website from September 2017 to November 2017 which were reflected on the website of the O.P. She alleges that though there were minor lapses on the part of the O.P. while delivering her food orders like short and shoddy delivery, spillage of food, damaged containers, spoiled food, etc. However, the Complainant ignored such shortcomings as the O.P.'s executives would apologise for the same.

2. Further, for each order placed on the O.P. website, the O.P. gave the Complainant bonus credit in her account, which the Complainant would use for future orders. When the Complainant placed another order of Rs.530/- order no.20962 she did not receive the same, but the same was reflected as delivered on the O.P. website. The Complainant wrote several e-mails to no avail.

3. The Complainant contacted the O.P. and wrote several e-mails to no avail (Page no. 5 of the complaint). When, despite her best efforts, the Complainant could not get her issues resolved with the O.P., she filed the present complaint U/S 35 Consumer Protection Act, 2019, alleging deficiency-in-service on the part of the O.P. She has prayed for a refund of Rs.530/- for food and food credits and Rs.10,000/- towards mental agony and harassment faced by her with interest @24% p.a.

4. Notice was issued to the O.P. who did not appear before this Commission despite adequate service. When the Complainant filed the proof of service, with a requisite affidavit, tracking report and postal receipt, the O.P. was proceeded ex-parte vide order dated 23.09.2022. Thereafter, the Complainant filed her own affidavit in evidence and written arguments, reiterating what she had already stated in her complaint.

5. We have carefully heard the A.R. of the Complainant, who addressed oral arguments and have perused the documents filed by the Complainant to corroborate her claim.

6. We find that the Complainant was a regular visitor to the O.P. website and ordered food through its portal. In lieu of this usage, the O.P. added food credit to the Complainant's account, which she could use to pay for her future food orders. The Complainant has alleged that she ordered food via the O.P. website worth Rs 300/- that was undelivered. She wrote several e-mails to the O.P. company, but her grievance was not addressed, hence this complaint.

7. During the course of the arguments, AR of the complainant submitted that the complainant had filed an earlier complaint against the OP which has already been decided in the year 2023 in favour of the Complainant.

8. To make things clear, the registry of the Commission was directed to trace out the file with this title and be placed the said file before us and thereafter registry has placed the file bearing Complaint No. CC/518/19 titled as Preeti Mohan Krishna vsFoodCloudPvt. Ltd. decided on 28.04.2023

9. We have gone through the said file and Perusal of the complaint  shows that the complainant has filed the present complaint on identical facts as given below:

• The Complainant placed several food orders on the O.P.'s website from September 2017 to November 2017, which is the festive season. The Complainant states her order history is still visible on the O.P.'s website and has annexed a copy of the same as (Annexure-1).

• The Complainant alleges that though there were minor lapses on the part of the O.P. while delivering his food orders like short and shoddy delivery, spillage of food, damaged containers, spoiled food etc., the Complainant ignored such shortcomings as the O.P.'s executives would call her to apologise for the same. She states that for each order placed on the O.P. website, the O.P. gave the Complainant bonus credit in her account, which the Complainant would use for future orders.

• On 26.10.2017, the Complainant placed an order with the O.P. worth Rs.300/- order no. 20109. The O.P. delivered the order to the Complainant in severely damaged condition. The Complainant immediately complained to the O.P. with pictures of the damaged containers. Still, the O.P. neither refunded the paid amount nor took any action to resolve the matter but only gave false assurances. The Complainant has annexed the pictures of the damaged container and food as Annexure-2 with her complaint.

• In the first week of November 2017, the Complainant checked her food credit balance and was surprised to find it missing from her account. As per the Complainant, the accumulated food credit amount was Rs.1,461/-. On lodging a complaint, the Complainant was reassured that the O.P. would look into the matter. However, the O.P. later told the Complainant that food credits had been removed due to technical issues (Annexure-3).

• The Complainant when placed another order of Rs.530/- order no.20962. She did not receive the order, but the same was reflected as delivered on the O.P. website. The Complainant wrote several e-mails to no avail (Annexure-4). When despite her best efforts, the Complainant could not get her issues resolved with the O.P., she filed the present complaint U/S 35 Consumer Protection Act, 2019, alleging deficiency-in-service on the part of the O.P. She has prayed for a refund of Rs.2,291/- for food and food credits, Rs.10,000/- towards mental agony and harassment faced by herewith interest @24% p.a.

10. A simple reading of the facts of the complaint clarifies that the Complainant had filed the instant complaint  on the same facts and circumstance as Complaint No. CC/518/19 praying for a refund of food credits of Rs.1461/- along with the amount she had spent on food orders from the O.P., i.e. Rs. 300/- vide order no. 20109 and again for Rs. 530/- vide order no. 20962, totalling to Rs. 2,291/-.The Complainant had also sought compensation for mental agony and harassment faced by her.

11. The aforementioned Complaint No. CC/518/19 was allowed vide order dated 28.04.2023 by this Commission and the following order was passed-

13.Hence, allowing the complaint, we direct the O.P. to pay to the Complainant a lump sum of Rs.1,750/- towards the refund of the food credit accumulated amount and the food order that was damaged. The O.P. shall also pay Rs.3,000/- towards mental agony and harassment faced by the Complainant, inclusive of litigation costs.

12. The present complaint seeking the refund of the food order and compensation on the same grounds is therefore not maintainable and accordingly dismissed with no order as to costs. 

• Order be given dasti to both parties.
• The file be consigned to the record room thereafter.