Chandigarh

DF-II

CC/307/2018

Shranav Katyal - Complainant(s)

Versus

Uber Eats - Opp.Party(s)

Advocate Sukhdev Singh khokher

17 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	307/2018
Date of Institution	:	30.05.2018
Date of Decision	:	17.09.2018

 

                                       

                                               

1.     Shranav Katyal son of Sh.Navneet Katyal r/o # 1189, Sector 8-c, First Floor, Chandigarh

 

2.     Gurpreet Singh son of Sohan Singh r/o Village Gulabgarh, Tehsil Dera Bassi, SAS Nagar-140507,

 

                                ...  Complainants.

Versus

1.     Uber Eats, Plot No.70, Industrial Area, Phase-I, Chandigarh 160002 through its Authorized Representative.

 

2.     Burger Hub, Kirpa Enterprises, Booth No.4, Sector 15, Chandigarh through its Authorized Representative.

 

…. Opposite Parties.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by

 

                   Sh.Sukhdev Singh Khokher, Adv. for the complainant

                   OP exparte.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the case of the complainants is that the complainant No.1 ordered online one Veg Thick Burger and one Grilled Chicken Wrap from OP No.2 through online food delivery mobile application of Uber Eats (OP No.1).  OP No.1 delivered the said order wrapped in a aluminum foil  at House No.221, Sector 21-A, Chandigarh where the complainants were working. The complainant No.1 kept one item with him and gave another to complainant No.2.  However when the complainant No.2 saw the bill, he was shocked to see that both the items were non-veg (chicken) burgers.  The complainant No.2 belongs to sikh family who is purely vegetarian and had never eaten non-veg food. Due to his religious sentiments, the complainant No.2 believed that eating of non-veg food is like committing a sin which shall never be forgiven by the God. Therefore, by eating non-veg burger, the complainant No.2 felt that he had committed a sin and his religious sentiments have been hurt.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Despite due service through registered post, the OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 23.07.2018.
3.         We have heard the learned counsel for the complainant and have gone through the documents on record.
4.         In the present case, the averments of the complaint have gone un-rebutted in the absence of the OPs who were duly served and preferred neither to appear in person, nor through its Counsel. It is established beyond all reasonable doubt that the complaint of the complainant is genuine.  The OPs have committed deficiency in service by delivering both the items i.e.  non veg (chicken) burgers  against the order of veg thick burger and grilled chicken wrap (Annexure C-1).  On the account of the lapse of the OPs and resultant consumption of non-veg burger by the complainant No.2, the religious sentiments of the complainant No.2, who is purely vegetarian and belongs to sikh family shall be definitely hurt.  Keeping in view the facts of the case, we are of the considered view that an amount of Rs.2,500/- as compensation for harassment  for hurting the religious sentiments  of the complainant No.2 would meet the ends of justice.
5.         The complainants have already received a sum of Rs.108/-  i.e. invoice amount of the order in question from the OPs.
6.         In the light of above observations, the present complaint deserves to succeed against the OPs, and the same is allowed qua them. They are directed to pay Rs.2,500/- as compensation for mental agony & harassment suffered by the complainants and Rs.2,500/- as costs of litigation.      The above said order shall be complied within 45 days of its receipt by the OPs; thereafter, they shall be liable for interest @9% p.a. on the awarded amount from the date of this order, till it is paid.  
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

17.09.2018

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER