Haryana

Bhiwani

CC/193/2021

Suraj Chand - Complainant(s)

Versus

Swiggy - Opp.Party(s)

in person

08 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

            Consumer Complaint No. : 193 of 2021

            Date of Institution             : 24.09.2021

                                                     Date of Decision               : 08.07.2024

 

Suraj Chand Aggarwal son of Sh. Naresh Aggarwal R/o Manan Pana, H.No.34/39, Ward No.24, Near Gopal Bhawan, Bhiwani.

 

          ……Complainant.

 

Versus

 

1. Manager, Swiggy, Main Office 6, AVS Compound, 80 Ft. Road, Ejipura, Koramangala, Bengaluru-560047, Karnataka.

 

2. Manager, Swiggy Companies, Branch- Udyog Vihar Phase-1, Gurugram-122001, Haryana.

 

3. Manager, Swiggy, Office- Sant Ravidas Marg, Sector-8 Gurugram-122006. 

….. Opposite Parties

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Anirudh, Advocate for complainant.

                    Sh. Rajender Verma, Advocate for OPs.

 

ORDER

 

Saroj Bala Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant ordered on OP’s website for Chatpati Chaap from OP on 25.07.2021 and paid Rs.138 for it but the same was cancelled by the OPs as delivery was not possible in time. Complainant on 18.09.2021 also ordered for  Burger Chhole Bhathure & Matar Paneer and paid Rs.138 for it but the said order was also cancelled by OPs due to shortage of time. He also ordered on 19.09.2021 for Burger Chhole Bhathure & Kadhai Paneer and paid Rs.138 for it but the said order was also cancelled by OPs on the aforementioned reasons.  On the same day, he also ordered for Sandwich Kadhai Paneer and paid Rs.126/- for the same but this order was also cancelled. As such, the complainant has submitted that on all the aforesaid occasions, he has to feel ashamed before his guests and children. Hence, the present complaint has been preferred  seeking compensation of Rs.1.00 lac, Rs.650/- towards litigation expenses. Any other relief, to which this Commission deems fit, has also been sought.

2.                 Upon notice, OPs appeared and filed written statement submitting that complainant is not consumer of the answering Op and thus the complaint is bad for mis-joinder of necessary party.  It is clarified that OP is mere online intermediary and is not a seller or manufacturer of the food products as alleged. The products were purchased by complainant was sold and prepared by restaurant and delivered by a third party delivery partner registered on Swiggy platform.  It is alleged that pickup and deliver partner reached the location on time but complainant was not picking up the delivery partner’s call repeatedly as such, Order ID 110283482873 was cancelled and this was a cash on delivery, therefore, no amount was refundable. The second order having ID 115051666885 was cancelled by complainant himself, however, as a goodwill gesture, refund was given to complainant. The third order having ID 115117564485 was cancelled as the order was not picked up by complainant and immediately, refund was made to complainant. The fourth order having ID115123005917 was also not picked up, as usual, and the order was cancelled amount thereof was paid to complainant. As such, the OPs have submitted that there is no deficiency in service on their part and prayed for dismissal of complaint with exemplary costs.

3.                 Ld. counsel for complainant tendered in evidence documents Annexure C-1 to Annexure C-14 and closed the evidence.

4.                 On the other side, no evidence tendered on behalf of OPs rather adopted the WS in their evidence.

5.                 We have heard learned counsels for both the sides and perused the record. From the record, it emerges that complainant had got booked the orders for food mentioned above but the same were not delivered to complainant on various occasions. As per contentions of OP, the order(s) were not picked by the complainant on every alleged time but it is also not trustworthy that complainant always ignored the picking of delivery of the online food orders mentioned above.

6.                 After hearing learned counsels for the parties and going through the record, it is assessed that there is deficiency in service in providing proper services to the complainant which definitely caused mental and physical harassment to complainant. As such, the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

 (i)      To pay Rs.1500/- (Rs. One thousand five hundred) to the complainant as compensation for harassment including litigation expenses.

 

                     In case of default, the OPs shall liable to pay simple interest @ 9% per annum on the aforesaid awarded amount for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:08.07.2024