Consumer Commission Rules in Favour of Customer

A customer from Uttarakhand has been awarded ₹10,520 by a consumer commission after ordering two pizzas for ₹505 that were delivered smaller than advertised. The District Consumer Disputes Redressal Commission, Haridwar, held both the online food delivery platform and the eatery responsible for the lapse.

The customer had ordered two pizzas through a food delivery platform, where they were listed as 10 inches. However, the pizzas delivered were only 7 inches in size—three inches smaller than promised. When the customer raised the issue through the platform's customer support chat, no refund was granted.

Escalation and Legal Proceedings

After failing to get a resolution through customer support, the customer escalated the matter by approaching the National Consumer Helpline (NCH) and the CPGRAMS portal, and also sent a formal legal notice. When these steps did not yield a refund, he filed a complaint with the consumer forum.

The commission, headed by President Gagan Kumar Gupta along with members Dr Amresh Rawat and Ranjana Goyal, observed that delivering pizzas three inches smaller than the size mentioned on the platform amounted to a deficiency in service and an unfair trade practice.

Commission's Order and Rationale

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

During the proceedings, the food delivery platform argued that it was merely an intermediary connecting customers with third-party restaurants, with its role limited to delivering orders and no control over manufacturing, preparation, or packaging. However, the commission rejected this defense, holding that the platform played an integral role in the service chain—from accepting the order to coordinating with the restaurant and executing the delivery.

The commission proceeded ex parte against the second opposite party, the seller or eatery, after it failed to file a response.