Ordered 10-inch pizza, ‘got 7-inch’ instead, Uttarakhand man wins Rs 10,520 payout

3 inches short

The complainant stated that he had ordered two pizzas worth Rs 505 through the online food delivery platform. The complainant alleged that while the app listed the item as a 10-inch pizza, the product delivered measured only 7 inches. He said that the issue was immediately raised via the food delivery platform’s customer support chat.

It was stated that, despite acknowledging the issue, the complainant was denied a refund. According to the complainant, he reached out to multiple places for resolution, including complaints with the National Consumer Helpline (NCH), the CPGRAMS portal, and a formal legal notice. Unable to obtain a refund, he filed a complaint before the consumer forum.

The online food delivery platform argued that it operates merely as an intermediary platform connecting users with third-party restaurants. It stated that its function is limited to delivering orders to their destination as per the provided description, rather than acting as a manufacturer, order preparer, packager, or seller listed on its platform. The commission proceeded ex parte against the second opposite party (seller/eatery) for failing to file a response.

After examining the evidence and affidavits submitted by the complainant and the e-commerce food delivery platform, the commission observed that the pizza was not delivered according to the placed order nor was a refund provided. Hence, it held that the opposite parties committed a deficiency in service by failing to deliver the pizza as ordered.

The commission noted that the e-commerce platform instead of being considered as an intermediary, would be treated an integral part of the service chain which includes accepting the order, coordinating with the restaurant, and executing the delivery. It held that the pizza delivered on behalf of the opposite parties did not correspond to the details displayed on the online platform (i.e., the placed order), for which the opposite parties are held liable.

The commission therefore directed the opposite parties to pay Rs 520 as refund for the pizza price (Rs 505) and delivery charges (Rs 15) besides paying Rs 5,000 as compensation for mental and physical harassment and Rs 5,000 towards litigation costs.

Takeaway

Food delivery platforms cannot escape consumer liability by claiming to be mere intermediaries when they are an integral part of the ordering and delivery process, delivering a product that does not match its description on the platform amounts to deficiency in service and unfair trade practice.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Uttarakhand: 1800-180-4188) or call the National Consumer Helpline at 1915 for assistance.

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