Delhi

StateCommission

CC/590/2018

MS. SNEHA SHARMA - Complainant(s)

Versus

ZOMATO & ANR. - Opp.Party(s)

MANISH KUMAR

13 Dec 2018

ORDER

 

IN THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 13.12.2018

 

Complaint Case No-590/2018

 

In the matter of:

 

Ms.Sneha Sharma

R/0 90/37 B, Third Floor

Main Market, Malviya Nagar

New Delhi                                                                      …..Complainant

 

Versus

 

1. Zomato (Zomato. Com)

Through its Proprietor/Manager/Director

Address: Chhatarpur Farms, DLF Farms

New Delhi-110030

Mobile No. 09650457270

2. TpotKafe

Through its Proprietor/Manager/Director

Address: C-6, Block C-105

Malviya Nagar

New Delhi-110017

Mobile No. 08882447722                            .….Opposite Party

 

 

CORAM

 

Justice VeenaBirbal, President

 

1.     Whether reporters of local newspaper be allowed to see the judgment?       Yes

2.     To be referred to the reporter or not?                                                     Yes

 

Justice VeenaBirbal, President

 

1.                Present is a complaint under section 17 of the Consumer Protection Act (in short the ‘Act’) wherein  it is stated that complainant Ms. Sneha Sharma had placed an order of vegetarian Kebab wrap food from TpotKafe (by Zomato application) on 16.09.2017. It was alleged that the same was served with wrapper showing vegetarian sign (green) to the complainant. The order was sent through a delivery boy of Tpotkafe/zomato and complainant told that it was complete a vegetarian food and also requested delivery boyto check finally whether the food delivered was vegetarian or not. However the delivery boy replied that there was no need for checking as the packet was having a green sign. Based on aforesaid assurance the complainant took Kabab wrap in her mouth and started eating. While eating she was shocked to find out the same was non-vegetarian food. It is stated that complainant is strict vegetarian. Complainant could not sleep whole night as she felt distressed.
2.             It is alleged that complainant went to TpotKafe i.e. OP-2 to satisfy herself as to whether she was served with vegetarian or non-vegetarian food. OP-2 replied that they never had Kabab wrap in vegetarian and it was only a non-vegetarian. It is stated that complainant is a Brahmin and strictly vegetarian. The complainant tried to contact customer care of OPs but no reply was given and they just kept on saying sorry. It is alleged that the mischief has been done deliberately. Complainant had served a legal notice to OPs. It is stated that complainant has suffered a mental agony and depression.By way of a present complaintshe has sought direction to OPs to pay her an amount of 26 lakhsalong with interest @2.5% from the date of sending the notice.
3.             The complaint is listed for admission hearing. While going through the complaint it is noticed that the claim is highly exaggerated. No basis has been given for making such a huge claim. The cost of food ordered was for Rs.170.42/-.The claim made is not just and reasonable claim. It is not her case that she suffered any vomiting or food poisoning etc. With regard to argument that her religious sentiments are disturbed, it is not understandable as to how in facts and circumstances of this case payment of amount claimed i.e. Rs.26,00,000/- is going to undo the religious hurt. No basis for such a huge claim is there.In the facts and circumstances of the case the complaint stands dismissed on the ground of pecuniary jurisdiction with the observation that complainant,if she so desires, may file fresh complaint on the same cause of action with the appropriate forum having jurisdiction.

Copy of the orders be sent to complainant free of costs as per rules.

File be consigned to record room.

 

                                                                                                                               (Justice VeenaBirbal)

                                                                                                                                        President