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District Consumer Disputes Redressal Commission in Gwalior ruled in favor of Ashish Sharma, who filed a complaint against Zomato
District Consumer Disputes Redressal Commission in Gwalior ruled in favor of Ashish Sharma, who filed a complaint against Zomato

District Consumer Disputes Redressal Commission in Gwalior ruled in favor of Ashish Sharma, who filed a complaint against Zomato

 

In a notable decision, the District Consumer Disputes Redressal Commission in Gwalior ruled in favor of Ashish Sharma, who filed a complaint against Zomato and the restaurant “Burger Buddy” for delivering a non-vegetarian burger instead of the vegetarian one he had ordered.

Case Background

On February 2, 2024, Ashish Sharma placed an order through Zomato for a vegetarian burger from Burger Buddy. Upon consuming the meal, he realized it contained non-vegetarian components, causing him significant distress due to his dietary preferences and religious beliefs. He immediately reported the issue to Zomato’s customer service. In response, Zomato refunded ₹175, the cost of the order, and provided an additional ₹500 discount coupon. However, Sharma felt this resolution was inadequate, considering the emotional and religious distress caused by the incident. Consequently, he filed a complaint with the consumer forum seeking further compensation.

Defenses Presented

Commission’s Findings

After reviewing the evidence, witness testimonies, and transaction records, the consumer court found both Zomato and Burger Buddy guilty of deficiency in service and unfair trade practices. The commission observed that:

  1. Zomato, as an online aggregator, had a duty to ensure that the correct food was delivered to the consumer.
  2. The restaurant was responsible for preparing and packaging the correct meal as per the order.
  3. The error caused significant emotional and religious distress to the complainant, impacting his fundamental rights as a consumer.

Verdict

The Gwalior Consumer Forum, presided over by Justice Rajendra Prasad Sharma (President) along with members Mrs. Suhana Ghosh Pandey and Mr. Jitendra Menon, passed the final order on March 20, 2025, ruling in favor of the complainant. The consumer court directed Zomato and Burger Buddy to jointly compensate Sharma with the following payments:

The amount was to be paid within 45 days from the date of the order. Additionally, the court ordered that a copy of the judgment be uploaded on the official website for public awareness.

This case underscores the responsibility of food delivery platforms and restaurants to ensure the accuracy of orders, especially when dietary preferences and religious beliefs are involved.