Consumer Commission Orders Rs 10,520 Compensation After Man Receives Smaller Pizza Than Ordered

Online food orders are usually placed based on the size, price and other details listed on delivery platforms. A mismatch between a consumer order and the product delivered can lead to a dispute over the value of the purchase and refund. In the Uttarakhand consumer commission case, a customer approached the forum over the size of pizzas delivered to him.

What Happened In The Case

The customer had ordered two pizzas for Rs 505 through an online food delivery platform. The pizzas were listed as 10 inches on the platform, but he alleged that the products delivered to him measured only 7 inches. He said he immediately raised the issue through the platform’s customer support chat, but was not given a refund.

According to a report by The Indian Express, the District Consumer Disputes Redressal Commission, Haridwar, held the e-commerce food delivery platform and the eatery responsible for the lapse. The commission, comprising President Gagan Kumar Gupta and members Dr Amresh Rawat and Ranjana Goyal, observed that delivering a pizza three inches smaller than the size mentioned on the platform amounted to a deficiency in service and an unfair trade practice.

The customer said he subsequently approached the National Consumer Helpline (NCH) and the CPGRAMS portal and also sent a formal legal notice. After failing to get a refund, he filed a complaint before the consumer forum.

Why The Consumer Commission Held The Platform Liable

During the proceedings, the food delivery platform argued that it was only an intermediary connecting customers with third-party restaurants. According to the report, it said its role was limited to delivering orders to their destination, and that it was not the manufacturer, preparer, packager or seller of the food. The commission proceeded ex parte against the second opposite party, the seller or eatery, after it failed to file a response.

After examining the evidence and affidavits submitted by the customer and the food delivery platform, the commission observed that the pizza delivered did not match the order placed and that no refund had been provided. It therefore held that the opposite parties were responsible for the deficiency in service.

The commission also rejected the platform’s position that it was merely an intermediary. It held that the platform formed an integral part of the service chain, including accepting the order, coordinating with the restaurant and executing the delivery. The commission further observed that the pizza delivered on behalf of the opposite parties did not correspond to the details displayed on the online platform.

The commission directed the opposite parties to jointly and severally pay Rs 10,520 within 45 days. The amount includes Rs 505 towards the pizza price, Rs 15 towards delivery charges, Rs 5,000 as compensation for mental and physical harassment and Rs 5,000 towards litigation expenses.