DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.215/2018
Niskarsh Rawat S/o Sh B K Rawat,
R/o Block No.9, Qtrs No.751,
Lodhi Colony, New Delhi-110003
….Complainant
Versus
Dominoz Pizza, Plot No.G24,
South Extension, Part-I
New Delhi-110021
….Opposite Party
Date of Institution : 31.07.2018
Date of Order : 20.01.2023
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
President: Ms. Monika A Srivastava
The Complainant has filed the present complaint seeking a compensation of Rs.3,00,000/- from the OP i.e Dominos on account of wrong delivery of the food.
- It is stated by the Complainant that he booked an order vide order no. 284 dated 28.06.2018 and invoice no. 664661834395 which included medium pepper pizzas 1 no., stuffed garlic bread, one veg parcel 02 no.
- It is further stated by the Complainant that as soon as the food reached, all the family members in a haste opened the boxes and started eating the food, it was after eating for some time that they realised that the food box was meant for chicken Patty and that they had consumed non-vegetarian food instead of vegetarian.
- It is stated by the Complainant that they are Brahmin Hindu family and have vegetarian food only and this incident has caused immense hurt to the religious sentiments of their family who have lost their sleep and appetite for many days. It is further stated that they went to their chain at South extension from where the food packets were delivered and they were made to speak to someone on the phone who said that he would take some time to return. It is stated by the complaint that it seems from the discussion held with the employees of Domino's that they were habitual to face such issues and that they did not care for hurting the faith and religious sentiments of other people.
- The OP, on the other hand in their reply have stated that the complaint is false, frivolous, misconceived and vexatious in nature and has been filled with the intention of harassing the OP. It is stated that no cause of action has arisen against the OP and none of the allegation is supported by any documentary evidence or otherwise. It is stated by the OP that the alleged boxes have not been produced on record and it was incumbent on the Complainant to immediately seal the box in presence of independent witnesses and the send the same to the appropriate authority for testing therefore, the same cannot be relied on.
- It is further stated that the OP is a world class company and has informed strict quality control check which eliminate any kind of below par products entering in the market for sale to the consumers. It is stated that all boxes contain labels green or red which states the product contained inside the box and also have labels which indicate the product contained inside the box and for an educated consumer like the Complainant there were no occasion for any confusion to rise on this account.
- The OP has denied that they have supplied any non -vegetarian product to the Complainant as well it is also denied that OP is habitual to face this kind of issue serving non-vegetarian product against a vegetarian order. It is stated that this kind of statement has defamed and maligned the reputation of the OP.
- OP has also placed its reliance on the judgment of RP Jain vs Sahara India Airlines and it is stated that money cannot undo the religious hurt and sentiments.
Both the parties have filed their respective evidence affidavits as well as written submissions. This Commission has gone through the entire material on record. The Complainant has filed on record pictures of the box as well as the half consumed food whereas the OP has not been able to establish that they have not delivered a non-veg product to the Complainant. In fact, it is stated by the OP that the product delivered had clear description that it was non-veg product and that the Complainant being educated ought to have read it.
This Commission is of the view that the OP has been deficient in its services in sending wrong order to the Complainant and that too a non veg product to a family which is vegetarian. Therefore, we direct the OP to compensate the Complainant by paying a sum of Rs.3,500/- and refund the payment made against the vegetarian product i.e Rs. 35/- within two months from the date of receipt of this order failing which the OP shall be liable to pay this amount @ 5% p.a. till realization.
File be consigned to the record room and order be uploaded on the website.
