Chandigarh

DF-I

CC/192/2020

Vaibhav Raj (Vineet) - Complainant(s)

Versus

Swiggy, Bundl technologies Pvt. Ltd. - Opp.Party(s)

In Person

24 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Vaibhav Raj (Vineet) S/o Sh.Raj Arora R/o House No.1162/1, Sector 37B, Chandigarh 160036.

… Complainant

V E R S U S

1. Swiggy, Bundl Technologies Pvt. Ltd., 3^rd Floor No.57, 58, 59, Sector 17A, Chandigarh 160017.
2. Swiggy, Bundl Technologies Pvt. Ltd., Tower-D, 9^th Floor, IBC Knowledge Park, Bannerghatta Road, Bangalore-560029. Email:
3. Sindhi Sweets, SCO: 403, Sector 37D, Chandigarh 160036.

… Opposite Parties

Per Suresh Kumar Sardana, Presiding Member

1.      Averments are that the complainant order with Sindhi Sweets was placed on 02.06.2020 (Annexure C-1). In this order Swiggy charged an excess amount of Rs.3/-. As is evident from Swiggy’s receipt & receipt sent by Sindhi Sweets, there is a difference of Rs.3/-. The complainant paid for this order partly through his credit card and partly through Swiggy’s voucher issued in lieu of the melted ice cream sundae worth Rs.200/- delivered to complainant’s order on 28.05.2020. As per complainant order with Kwality Walls placed on 06.06.2020 (Annexure C-2) in this order, Swiggy charged an excess amount of Rs.10 + Rs.20 and gave fake discounts to hide it. As is evident from Swiggy’s receipt & price printed on the ice cream box, their’s a difference of Rs.10 which clearly show the malpractices by Swiggy. In addition to this, Swiggy and Kwality Walls outlet charged for packaging which again highlight the malpractices by them because ice cream box is delivered in packed condition by manufacturing company and the MRP of Rs.219 includes everything, then their’s no point on charging for packaging from customer.

         As per complainant order with Kwality Walls placed on 20.06.2020 (Annexure C-3) in this order, Swiggy charged an excess amount of Rs.10 + Rs.20. As is evident from Swiggy’s receipt & price printed on the ice cream box, their’s a difference of Rs.10 which clearly show the malpractices by Swiggy. In addition to this, Swiggy and Kwality Walls outlet charged for packaging which again highlight the malpractices by them because ice cream box is delivered in packed condition by manufacturing company and the MRP of Rs.155 includes everything, then their’s no point on charging for packaging from customer. The complainant raised a complaint with Swiggy’s executives but they didn’t gave any resolution neither refunded the excess amount charged. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant complaint.    

2.     OP No.1 & 2 contested the consumer complaint. In the present case, the complainant is aware of the fact that his grievances are only against the restaurant. The complainant ordered food from OP No.4, it is also submitted that the OP No.1 and 2 is neither a seller nor the manufacturer in this case. The product purchased by the complainant was sold and prepared by the OP No.4 and delivered by a third-party delivery partner. It is further submitted that advertisement with regard to price, specification, quality and description etc. are listed by the OP No.3 & 4. As per OP No.1 & 2 they are only limited to providing online platform and the complainant has failed to establish any cause of action under the provision of the Consumer Protection Act. Hence, the present complaint is not maintainable against the OP No.1 & 2.
3.     Notice of the complaint was sent to OP No.3 & 4, seeking their version of the case. However, nobody appeared on behalf of OP No.3 & 4 despite service, therefore, they were proceeded ex-parte on 12.10.2020.
4.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the complainant and learned counsels for the parties and gone through the record of the case. After perusal of record, our findings are as under:-
7.     As per complainant’s order dated 02.06.20, on perusal of Annexure C-1, it is observed that the total item rate mentioned as Rs.169/-, whereas in the bill of Sindhi 37 Sweets, the amount is mentioned as Rs.174/-. Hence the amount billed/paid is actually lesser by Rs.5/- moreover, the complainant has failed to adduce any documentary evidence, with regard as to how much he has actually paid. Hence this Commission is not in a position to deliberate on this matter and no deficiency can be attributed on the part of OPs.
8.          Regarding complainant 2^nd order, of Darkly Divine chocolate, it is observed from Annexure C-2, that the amount billed/paid is for Rs.229/-, and the amount mentioned on the ice cream box is Rs.219/-. It is very clearly observed that the OP No.1 & 2 have charged an extra amount of Rs.10/-. Hence we are of concerted view that the OP No.1 & 2 have charged an extra amount of Rs.10/- is not as per the fair trade practice, and the OP No.1 & 2 have indulged in an unfair trade practice.
9.     Significantly, OP No.3 & 4 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP No.3 & 4 draws an adverse inference against them. The non-appearance of the OP No.3 & 4 shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP No.1 & 2 are directed as under :-

1. to pay an amount of ₹10/- to the complainant.
2. to pay an amount of ₹1,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹1,000/- to the complainant as costs of litigation.

11.     Since no deficiency in service or unfair trade practice have been proved against OP No.3 & 4, therefore, the consumer complaint qua it stands dismissed with no order as to costs.
12.     This order be complied with by the OP No.1 & 2 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
13.     Certified copies of this order be sent to the parties free of charge. The file be consigned.