Bengaluru man files case against Swiggy for failing to deliver 'Death by chocolate' Ice cream, wins Rs 5,000
By Vinaykumar Patil | First Published Apr 28, 2024, 2:11 PM ISTA Bengaluru resident won a legal battle against Swiggy, securing Rs 5,000 compensation for a failed ice cream delivery. Despite Swiggy's claim of intermediary status, the court ruled in favour of the customer, citing deficient service and unfair trade practices. This underscores the significance of accountability and consumer rights in online food delivery.
A Bengaluru resident recently emerged victorious in a legal battle against food delivery giant Swiggy, winning a compensation of Rs 5,000 for a failed ice cream delivery. The consumer court ruled in favour of the complainant, citing "deficiency of service" and "unfair trade practice" on the part of Swiggy.
The case stemmed from an incident in January 2023 when the customer ordered a 'Nutty Death by Chocolate ice cream from 'Cream Stone Ice Cream' via the Swiggy app. Despite the app indicating that the delivery had been made, the customer never received the order. When the customer approached Swiggy for a refund, the company failed to reimburse the amount paid.
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In response to the complaint, Swiggy argued that it could not be held liable for the alleged mistake of the delivery person and claimed that as an intermediary between customers and restaurants, it was not responsible for verifying the delivery status once marked as delivered on the app. However, the consumer court found Swiggy's response unsatisfactory, noting that the company had also failed to respond to the legal notice sent by the customer.
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The court concluded that Swiggy's actions constituted a deficiency of service and unfair trade practice, ordering the company to pay Rs 3,000 as compensation to the customer along with Rs 2,000 as litigation costs. Despite Swiggy's attempts to absolve itself of liability under the Information Technology Act, the court upheld the ruling in favour of the customer, reported HT.
This verdict highlights the importance of accountability and consumer rights in the online food delivery industry.
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