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Restaurant delivers non-veg momos to vegetarian customer, ordered to pay Rs 5,000 for hurting sentiments

According to the complaint, when his mother and daughter started eating, Suryam’s mother discovered a bone-like object, which she spit out, realising it was a piece of non-vegetarian food.

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The District Consumer Disputes Redressal Commission in Chandigarh has ordered a Chinese restaurant and food delivery service Zomato Limited to refund Rs 154 and pay Rs 5,000 in compensation to a Chandigarh resident after mistakenly delivering non-vegetarian momos instead of the vegetarian version, causing emotional distress to the family.

The complainant, Suryam, said he ordered vegetarian momos and noodles from Sanju Chinese Fast Food in Sector 15, Chandigarh, through Zomato on April 9, 2023, for his minor daughter and elderly mother, for which he paid Rs 154.75. Suryam noted that his family is strictly vegetarian and follows Sanatan Dharma, which is why only vegetarian items were ordered.

According to the complaint, when his mother and daughter started eating, Suryam’s mother discovered a bone-like object, which she spit out, realising it was a piece of non-vegetarian food. The incident reportedly caused Suryam’s mother, who has been on depression medication for 20 years, severe emotional distress. The complainant alleged that this mistake deeply impacted the family, and that his attempt to raise the issue with the restaurant was met with uncooperative behaviour.

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Sanju Chinese Fast Food, in its defence, claimed it had prepared and handed over vegetarian items to Zomato and suggested that any mix-up could have occurred at Zomato’s end. The restaurant further argued that the packaging
was clearly marked for vegetarian or non-vegetarian items and that it was unlikely the complainant’s mother would not notice the difference in appearance or aroma.

Zomato, which did not respond to the notice from the Commission, was proceeded against ex-parte on August 19, 2024.

After reviewing the case, the Commission found that both the restaurant and Zomato were negligent in their services, resulting in non-vegetarian food being mistakenly delivered to a vegetarian family. The Commission ruled
that this caused significant mental distress to Suryam’s mother and ordered both parties to refund Rs 154.75 and pay Rs 5,000 as compensation for the distress and litigation costs.

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