CHENNAI: A missing 100 dosa and uthappam combo ended up costing Zomato 15,000 after a district consumer commission ruled the food delivery platform responsible for incomplete delivery, despite its claims of acting only as an intermediary.
On Aug 21, 2023, Anand Sekar, a resident of Poonamallee ordered several food items, including an uthappam and dosa combo, from a local restaurant, Aksheyy Bhavan, using the Zomato app.When the order, totalling 498, was delivered, Anand noticed the dosa and uthappam missing. He repeatedly tried reaching out to customer care executives but got no help.
Then, Anand filed a case with the District Consumer Disputes Redressal Commission in Thiruvallur, seeking compensation for Zomato’s failure to deliver the complete order.
In its defense, Zomato argued that it was merely an intermediary, facilitating the order process between customers and restaurants, and that it was not responsible for the quality of food or for ensuring the complete order was packed.
However, the consumer commission disagreed, pointing out that Zomato had charged 73 as delivery fees, thereby assuming responsibility for ensuring the service was provided properly.
After hearing both sides, Latha Maheswari, president of the commission, ruled that Zomato’s terms and conditions granted it full authority to place orders on behalf of customers, which made it responsible for the order. The commission also dismissed Zomato’s argument that the restaurant should have been a party to the proceedings, emphasising that Sekar’s contract was directly with Zomato, which had collected service charges.
As a result, the commission ordered Zomato to refund the 498 spent on the order and to pay 10,000 as compensation for the mental agony and hardship caused to Sekar. Additionally, Zomato was directed to pay 5,000 towards litigation expenses.
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