Chandigarh

DF-II

CC/1011/2019

Vanshdeep Singh - Complainant(s)

Versus

Zomato Media Pvt. Ltd. - Opp.Party(s)

Ajaypal Singh Sandhu Adv.

03 Aug 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	1011/2019
Date of Institution	:	04.10.2019
Date of Decision	:	03.08.2020

 

                                       

                       

 

1. Vanshdeep Singh
2. Arjun Sood

Both residents of H.No.1165, Sector 8-C, Sector 8, Chandigarh

                                ...  Complainant.

Versus

1.     Zomato Media Pvt. Ltd., 139-P, Sector 44, Gurugram, Haryana-122003 through its Managing Director.

 

2.     Hash Guys, Booth No.1, Sector 10-D, Sector 10, Chandigarh -160011 through its Managing Director/Owner.

…. Opposite Parties

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	None for the complainant
	OPs exparte.

 

      

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainants are that  they ordered vegetarian food i.e. i) Barbeque Sandwich (Veg) (indicating green dot) and ii) Alfredo Pasta (Veg) (indicating Green Dot) through online app of OP No.1 which was to be delivered by OP No.2-Resturant.  It has further been averred that both the items were particularly chosen to be vegetarian on account of holy week of Navratras being observed by them.  It has further been averred that one of the ordered items i.e. Item No.(i) came out to be a non-vegetarian dish, a portion of which was unfortunately consumed by them.  It has further been averred that complainant No.1 was born vegetarian and had strictly followed vegetarian diets since birth and his parents also disallow him to consume any kind of meat/its products being a son of Amrit Dhari father.  Whereas the complainant No.2 was observing the holy week of Navratras during which period he does not consume non-vegetarian diet due to his religious beliefs.  It has further been averred that the OPs hurt the religious as well as moral sentiments of the complainants. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.    
2.         Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 16.12.2019.
3.         On 17.06.2020 none appeared on behalf of the complainants.  Therefore, we proceeded to dispose the complaint under Rule 4(8) of the Chandigarh Consumer Protection Rules, 1987 read with Section 13(2) of the Consumer Protection Act, 1986 (as amended upto date) even in his absence. We have gone through the documents on record.
4.         In the present case, the averments of the complainants made in 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 complainants is genuine.  The OPs have committed deficiency in service by delivering non-vegetarian dish against vegetarian dish. On account of this lapse and resultant consumption of non-vegetarian dish, the religious sentiments of the complainant No.1, who is purely vegetarian since birth and the complainant No.2 who was observing the holy week of Navratras shall definitely be hurt.  Keeping in view the facts of the instant 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 complainants would meet the ends of justice.
5.         In the light of above observations, the present complaint deserves to be 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.1100/- as costs of litigation. The above said order shall be complied with within 45 days of its receipt by the OPs; thereafter, they shall be liable for interest @9% p.a. on the awarded amounts from the date of this order, till it is paid.  
6.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 03.08.2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER