Chandigarh State Consumer Commission: Zomato’s Promise of ‘on Time Delivery’ Amounts to Deficiency in Service

Judge gavel Law Insider

Khushi Bajpai

Published on: 22nd August 2022 at 18:08 IST

A Chandigarh resident who had their purchase cancelled due to a delivery delay under Zomato‘s “on time or free” advertising offer was given relief by the state consumer disputes redressal commission.

The online meal delivery platform’s “deficiency in service” and “unfair trade practises” amounted to significant physical harassment and emotional anguish for the complainant, according to the commission.

According to the commision, the respondents should not have made the booking if there was any chance that the item would not be delivered on time.

However, since Zomato had to pay an additional Rs. 10 for the “on-time or free” promotion, they were required to deliver the goods on time. By failing to do so while also cancelling the order on their own, they demonstrated a lack of service and engaged in unfair business practices.

According to the state commission, the respondents “should not have published or started such alluring advertisements or campaigns, in case they cannot fulfil the same.”

The appellant claimed that the order had been cancelled and that it would take up to two business days to process the refund of the money.

Furthermore, despite Zomato charging an additional Rs. 10 for the promise of “ON TIME OR FREE,” his case is dismissed for unfair trade practices under section 2(1)(47) of the Consumer Protection Act.

The State Commission ordered Zomato to give the appellant one free lunch within 30 days along with Rs. 10,000 in compensation and court costs.

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