Chandigarh

DF-II

CC/798/2022

Shilpa Kumari - Complainant(s)

Versus

Swiggy office - Opp.Party(s)

In Person

08 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	798 of 2022
Date  of  Institution	:	02.12.2022
Date   of   Decision	:	08.12.2023

 

 

 

 

 

 

Shilpa Kumari, House No.1094, Sector 15-B, Chandigarh 160015

             …..Complainant

 

Versus

1]  Swiggy Office, Block I and J, 3^rd Floor, Outer Ring Road Kaverappa Layout, Devarabisanahalli, Kadabeesanahalli Bengaluru KA PIN 5650103 India

2]  La Pino’z Pizza, SCO 2, PRIME City Landran Road, Kharar, Punjab, India

    ….. Opposite Parties

 

BEFORE:  SMT.SURJEET KAUR     PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  : None for the complainant

   Sh.Atul Sharma, Counsel for the OP No.1.

   Sh.Arjun Kundra, Counsel for the OP No.2

 

PER SURJEET KAUR, PRESIDING MEMBER

 

         Concisely put, the complainant on 5.11.2022 ordered four pizzas (regular in size) from Swiggy/OP No.1 Online by making Online payment of Rs.470.41 (Ann.A). It is submitted that on receiving delivery of items, the complainant found inappropriate packaging and spillage issue i.e. the pizza was not cut into pieces, topping was also not appropriate and its taste was also not good (Ann.B).  It is also submitted that the matter was reported to the OP No.1/Swiggy, but instead of taking the action against La Pino’z Pizza, the matter was closed.  Hence, this complaint has been preferred alleging the said act & conduct of the OPs as deficiency in service and unfair trade practice. 

 

2]       The OP No.1/Swiggy has filed written version stating that the role of the answering opposite party is limited to act only as intermediary, providing platform to facilitate transaction between the independent third-party restaurants/merchants and customers and Pickup and delivery agents (PDPs). It is stated that the answering opposite party is not seller of the food or beverages nor delivers the food or beverages on its own. It is submitted that the Complainant placed an order on 05.11.2022 for Class Pizzas Pack of 4x1 & Garlic Bread x1 from La Pino's Pizza/OP No.2 through the answering opposite party's Platform and the complainant alleged to have found that the Pizza had a spillage issue sent by the restaurant/OP No.2 in which answering OP has no role to play except facilitating the placing of the order and enabling delivery of the ordered food.

         It is submitted that the photographs annexed with the Complaint are not sufficient to proof that there was a spillage issue and that the food was not properly packed; out of the 4 pizza and garlic bread, the Complainant has shared only 2 images which shows a small amount of cheese of the Pizza stuck in the upper side of the packaging, which can be due to a normal movement as well during the delivery by the independent Delivery Partner. Lastly, it is submitted that the answering Opposite Party cannot be held liable for any alleged mistake committed on the part of restaurant/merchant and Delivery executive for the spillage issue and the answering Opposite Party is just an intermediary merely facilitating the transaction and have no role in determining the product which is picked up and delivered in packed condition.  Denying other allegations, it is prayed that the complaint qua the OP NO.1 be dismissed.

 

3]       The OP No.2-La Pino’z Pizza has also filed written version and while admitting to have ordered the Pizza through the online food delivery portal/app of the OP No. 1 i.e. Swiggy from the complainant stated that delivering the food order of the Customer was sole responsibility of Swiggy's delivery agent/bike rider (OP No.1). It also is worth mentioning here to avoid the issue of spillage, Pizza stools are placed at center of the pizza which keeps it intact for the customers to enjoy the same. It is stated that the pictures attached with the complaint (Ann.B) shows that the pizza has all the toppings and was properly packed in the delivery box and was further handed over to the Swiggy's delivery agent/bike rider (OP no 1) for delivery at the address of the complainant.  It is also submitted that if any spillage was there, it would have been solely due to the negligence of Swiggy's delivery agent/bike rider (OP No.1) who didn't handle the pizza box properly.  Denying other allegations, it is prayed that the complaint be dismissed.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the OPs and have perused the entire record including written arguments.

  

6]       From the Tax Invoice/Bill placed on record by the complainant herself as Ann.C-1, it is proved that the items in question were ordered & delivered at the complainant’s residence in Kharar (Punjab) and the order was also placed with the OP No.2 at its Kharar Outlet whereas the Office of the OP NO.1 is at Bengaluru, Karnataka. 

 

         The Hon’ble Supreme Court of India in Sonic Surgical Vs. National Insurance Company, 2010 (I) CLT 2521 held that there should be nexus between the cause of action and the District Commission having territorial jurisdiction where the cause of action accrued.

 

7]       In the present case since no cause of action has accrued at Chandigarh, therefore, this Commission did not have the territorial jurisdiction to entertain & adjudicate the present this complaint as neither the items in question were ordered nor delivered within jurisdiction of this Commission at Chandigarh.  The complaint also failed to prove her residence at Chandigarh by placing reliable documentary evidence.

 

7]       Taking into consideration the above discussion & findings, the present complaint is dismissed being barred by territorial jurisdiction of this Commission at Chandigarh.  The complainant shall be at liberty to approach an appropriate Commission/Tribunal/Court having jurisdiction for Redressal of her grievance.

 

         Certified copy of this order be sent to the parties, as per rules. After compliance, file be consigned to record room.

Announced

08.12.2023                                                                    

Sd/-

 (SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER