
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
- Zomato’s Position: The company argued that it acts merely as an intermediary connecting consumers with restaurants and is not directly responsible for food preparation. Zomato contended that any mistake in food delivery was the responsibility of the restaurant and highlighted that they had already refunded the cost of the order as a goodwill gesture.
- Burger Buddy’s Position: The restaurant claimed they had dispatched the meal exactly as per the order received in their system. They suggested that either the complainant had altered the order or had received the food from another source, which could have led to the confusion.
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:
- Zomato, as an online aggregator, had a duty to ensure that the correct food was delivered to the consumer.
- The restaurant was responsible for preparing and packaging the correct meal as per the order.
- 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:
- ₹5,000 each for mental agony and inconvenience caused due to the delivery mistake.
- ₹1,000 each towards litigation costs.
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.