In an unexpected turn of events, a consumer court in Bengaluru has ruled against food delivery giant Swiggy, mandating compensation for a customer due to non-delivery of an ice cream order worth Rs. 187.
The dispute unfolded when the customer, seeking a ‘nutty death by chocolate ice cream,’ placed an order via Swiggy in January 2023. Despite the delivery agent collecting the order from the designated ice cream shop, the dessert never reached its intended recipient. To exacerbate matters, Swiggy’s app inaccurately indicated the order as ‘delivered.’ Dissatisfied with Swiggy’s failure to provide a refund, the customer escalated the issue to the Consumer Commission.
In response, Swiggy contended that it functioned solely as an intermediary between customers and restaurants, absolving itself of responsibility for delivery mishaps. Citing provisions under the Information Technology Act, Swiggy argued its inability to verify deliveries post-marking them as ‘delivered’ on the app.
However, the court rebuffed Swiggy’s defense, citing the company’s failure to refund payment despite non-delivery as evidence of ‘deficiency of service’ and ‘unfair trade practice.’
As a result, the court ruled in favor of the customer, awarding Rs. 3,000 in compensation and Rs. 2,000 to cover legal expenses. While the complainant initially sought Rs. 10,000 in compensation and Rs. 7,500 for legal fees, the court deemed this amount excessive and settled on a total payout of Rs. 5,000 from Swiggy.
