1 week ago
Uttarakhand Commission Orders Payout Over Undersized Pizza
A customer ordered a pizza that the food app described as 10 inches wide.
He said the pizza delivered was only seven inches wide.
Some reports describe the order as one pizza, while others say it involved two pizzas costing Rs 505.
The customer complained through the app but said he was not given a refund.
He then contacted consumer-help services and sent a legal notice.
The food platform said it was only an intermediary connecting customers with restaurants.
The commission said the platform was part of the ordering and delivery service.
It ordered the platform and eatery to pay the customer Rs 10,520.
A customer alleged that a pizza listed as 10 inches was delivered at seven inches.
The customer said the platform’s support chat acknowledged the issue but denied a refund.
He escalated the complaint through the National Consumer Helpline, CPGRAMS and a formal legal notice.
The Uttarakhand commission found deficiency in service and an unfair trade practice.
The platform and eatery were ordered to jointly pay Rs 10,520 within 45 days, including refund, compensation and costs.
- Who
- An unnamed customer, an unnamed food delivery platform and an unnamed eatery; the case was decided by a commission headed by Gagan Kumar Gupta with Dr Amresh Rawat and Ranjana Goyal.
- What
- The commission ordered the platform and eatery to jointly pay Rs 10,520 after the customer alleged receiving a seven-inch pizza instead of one advertised as 10 inches.
- Where
- Uttarakhand, India.
- When
- Payment was ordered within 45 days of the commission’s order; the articles do not specify the order date.
- Why
- The commission found that the pizza did not match the description shown on the platform and that the customer was not provided a refund.
Customer and Consumer Commission
Food Delivery Platform
Platform responsibility
Customer and Consumer Commission
The customer argued that the platform failed to provide the pizza as advertised. The commission held that the platform was an integral part of the service chain because it accepted, coordinated and delivered the order.
Food Delivery Platform
The platform argued that it was merely an intermediary connecting customers with third-party restaurants and was not the food’s manufacturer, preparer, packager or seller.
Refund and service failure
Customer and Consumer Commission
The customer said he promptly reported the size discrepancy but was denied a refund. The commission found deficiency in service and an unfair trade practice.
Food Delivery Platform
The platform maintained that its role was limited to delivering food according to descriptions supplied by restaurants.
Seller’s response
Customer and Consumer Commission
The commission proceeded against the eatery ex parte after it failed to file a response, and held the opposite parties jointly liable.
Food Delivery Platform
The articles do not report a substantive position from the eatery because it did not file a response.
Key facts
- Total payout
- Rs 10,520
- Pizza price
- Rs 505
- Delivery charges
- Rs 15
- Advertised size
- 10 inches
- Reported delivered size
- 7 inches
- Compensation
- Rs 5,000 for mental and physical harassment
- Litigation costs
- Rs 5,000
- Payment deadline
- Within 45 days of the order
Quotes
Uttarakhand consumer commission
The consumer commission that adjudicated the customer’s complaint in Uttarakhand
“The opposite parties are ordered to jointly and severally pay the complainant, within 45 days from the date of this order, a total sum of Rs 10,520, which includes Rs 505 towards the price of the pizza in question plus Rs 15 delivery charges, Rs 5,000 as compensation for mental and physical harassment, and Rs 5,000 as litigation expenses.”
livemint.com
NDTV
Sources
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