BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.593 of 2019
Date of Instt. 12.12.2019
Date of Decision: 09.03.2021
Meher Sachdev, aged about 19 years, daughter of Shri Mandeep Singh Sachdev, Advocate, resident of 18-19, Atwal House Colony, Cantt. Road, Jalandhar City.
..........Complainant
Versus
1. M/s Zomato Dot.Com through its Managing Director, Shri Deepinder Goyal, Plot No.139, Sector 44 Road, Gurugram, Haryana-122003.
2. Shri Deepinder Goyal, Founder-cum-C.E.O., M/s Zomato Dot.Com., Plot No.139, Sector 44 Road, Gurugram, Haryana- 122003.
3. Shri Gaurav Gupta, Co Founder-cum-C.E.O., M/s Zomato Dot.Com., Plot No.139, Sector 44 Road, Gurugram, Haryana- 122003.
4. Shri Mohit Gupta, COO, Food Delivery Business, M/s Zomato Dot.Com., Plot No.139, Sector 44 Road, Gurugram, Haryana- 122003.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Sh. M. S. Sachdev, Adv. Counsel for the Complainant.
OPs No.1 to 4 exparte.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that on 23.10.2019, she had ordered through the company of the OPs, for Pizza to be delivered by Pizza Hut, Greater Noida at Bennett University, Greater Noida as she was to take her dinner. A sum of Rs.1149/- was credited to the account of the OPs through Debit Card of the complainant and the money was deducted from her account. That the delivery boy who was to deliver the said Pizza was contacted but his mobile was off and no delivery was made by the employee of the OPs. That thereafter, the complainant contacted the Pizza Hut Restaurant, Greater Noida to verify as to whether the delivery of Pizza is being made or not and the Pizza Hut people informed the complainant that the order has been cancelled by Zomato. That thereafter, the complainant continued to contact delivery boy but his phone was off. In fact, the delivery of Pizza was not made though the money amount of Rs.1149/- has been withdrawn from the account of the complainant and has been credited in the account of Zomato Gurugram by way of transaction. That the complainant had to sleep hungry and even her friends who were to share food with her and who were waiting for the delivery of food, had also slept hungry. They also ridiculed the complainant asking her as to whether she has even ordered Pizza or not. The reputation of the complainant has been lowered in front of her friends and she even had to stay hungry for the whole night because of non delivery of Pizza. The said act of the OPs and their employees amounts to unfair trade practice and negligence in service. The complainant got served legal notice upon the OPs, but the OPs failed to take any such action and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the price of the Pizza i.e. Rs.1149/- and further OPs be directed to pay Rs.2500/- as costs of legal notice and further OPs be directed to pay compensation of Rs.1,00,000/- for causing mental tension and harassment to the complainant and Rs.33,000/- as litigation expenses with interest @ 18% per annum from the date of filing of this complaint.
2. Notice of the complaint was given to the OPs, but despite service all the OPs did not come present and ultimately, all the OPs were proceeded against exparte.
3. In order to prove her case, the counsel for the complainant produced on the file affidavit of the complainant alongwith some documents at the time of filing the complaint.
4. We have heard the argument of learned counsel for the complainant and also gone through the case file very carefully.
5. Precisely, the case of the complainant is that she had ordered a Pizza from Pizza Hut through Zomato for a sum of Rs.1149/-, which was deducted from her Debit Card, copy of the statement of account is Ex.C-1 where-from we construe that Rs.1149/- was debited and thereafter when the complainant contacted the delivery boy of said Pizza Hut, his mobile was off and no delivery was made by the employee of the said Pizza Hut and thereafter complainant contacted the Pizza Hut Restaurant to verify as to whether the delivery of Pizza is being made or not and the employee of said Pizza Hut informed that the order has been cancelled by Zomato, therefore the said act of the OPs and their employees amounts to unfair trade practice and negligence in service and as such, the present complaint filed by the complainant.
6. To prove her case, the complainant brought on the file her affidavit Ex.CA, Copy of Statement of Account Ex.C-1, Copy of Legal Notice Ex.C-2 and Receipts Ex.C2/1 to Ex.C2/4.
7. In this complaint one thing is very important that the complainant alleged in his complaint in Para No. 4 that the Pizza Hut people informed the complainant that the order has been cancelled by Zomato, but this fact deems self made story because when any order of food or anything else cancelled by any company like Zomato, Swiggy and others, then cancellation message was sent by them to the customer mobile number from which order was given, but the complainant failed to brought on the file any cancellation message which was sent by the Zomato and concealed this material evidence from this Commission, so in the absence of this cancellation message, it is not clear that the order was cancelled by Zomato. Further, the complainant also not deposed any single word about this cancellation message in her affidavit Ex.CA whether she received the cancellation message or not. In this way, the complainant has failed to prove his case with cogent and convincing evidence and also failed to prove any deficiency in service on the part of the opposite parties. Accordingly, we reached to the conclusion that there is no merit in the case of the complainant and the same is dismissed with no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after due compliance.
Announced in open Commission
9th of March 2021
Kuljit Singh
(President)
Jyotsna
(Member)
