If you are stuck in such a situation, here is what to do.

Mr. Alok Sharma, a resident of Chandigarh, recently faced a distressing situation involving a food order placed through the popular delivery application, “RapidEats.” The incident highlights critical issues of food safety, negligence, and disrespect for religious sentiments.

On a significant religious fasting day, Mr. Sharma ordered a vegetarian grilled sandwich for himself and a chicken shawarma for his friend, Mr. Rohan Gupta, from a local establishment named “Delhi Darbar Restaurant.” The delivery, facilitated by RapidEats, took approximately an hour to arrive.

Upon receiving the order, Mr. Sharma discovered that he had been sent a chicken sandwich instead of the vegetarian one he had ordered. Unknowingly, he took a bite, which caused him significant mental anguish as it violated his religious observance. Simultaneously, his friend, Mr. Gupta, found a hard, plastic bead-like object in his chicken shawarma, which he fortunately did not swallow, thus avoiding a potential choking hazard or internal injury.

Mr. Sharma immediately contacted RapidEats customer support. While they processed a refund for the order, they were dismissive of the gravity of the situation. When he emphasized the religious violation and the serious food safety lapse, the company offered a mere ₹100 coupon as compensation. His request for concrete action against the restaurant was met with a vague promise to look into the matter within 10-12 hours, after which the customer support representative abruptly ended the chat. Subsequent emails to the company yielded only generic, unhelpful responses.

This case is not merely about a mistaken order or a refund. It encompasses a severe deficiency in service, potential endangerment to health, and an act that hurt religious feelings, warranting a closer look at the legal accountability of both the restaurant and the food delivery aggregator.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act methodically to protect your rights.

• Preserve all evidence immediately. This includes taking clear photographs and videos of the incorrect or adulterated food item, the foreign object found, the packaging, and the bill/invoice.
• Keep screenshots of the order confirmation, communication with the customer support of the delivery platform, and any emails exchanged.
• If you or someone else has consumed the adulterated food and suffered any health issues, seek medical attention right away and obtain a medical report.
• Do not discard the food item or the foreign object, as it is primary evidence. Store it properly.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several laws can be invoked in such a scenario, holding both the restaurant and the delivery service liable.

• The Consumer Protection Act, 2019: You can file a complaint before the appropriate Consumer Disputes Redressal Commission for “deficiency in service” and “unfair trade practice.” The delivery of incorrect and unsafe food clearly falls under this. You can claim compensation for the mental agony, harassment, and any financial loss incurred.
• Food Safety and Standards Act, 2006 (FSSAI): A complaint can be filed with the Food Safety and Standards Authority of India. Key sections include:
  • Section 54: Penalty for food containing extraneous matter.
  • Section 59: Punishment for selling unsafe food, which can lead to imprisonment and a hefty fine, especially if it causes injury.
• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 278: Addresses the adulteration of food or drink intended for sale, making it a punishable offense.
  • Section 114: Pertains to causing hurt by an act endangering the life or personal safety of others. The presence of a plastic object in food squarely fits this description.
  • Section 301: While difficult to prove intent, this section deals with acts intended to outrage religious feelings. If it can be argued that the restaurant’s negligence was so gross as to show a reckless disregard for the customer’s stated vegetarian preference, especially on a religious day, this section could potentially be invoked.

If you are the complainant

As the person initiating the legal action, you need to be proactive.

• Compile all your evidence systematically. Create a timeline of events from placing the order to your interactions with customer support.
• Draft a detailed complaint. Clearly state the facts, the loss and injury suffered (both physical and mental), and the relief you are seeking.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Decide the legal forum you want to approach. A consumer complaint is often the most direct route for compensation, while a police complaint under the BNS addresses the criminal aspect. You can pursue both simultaneously.

If you are the victim

As the victim who has suffered harm, your well-being is the priority.

• Document any injury, illness, or mental distress. A doctor’s certificate is strong evidence.
• Write down your personal account of the incident, detailing the emotional and religious turmoil caused. This is particularly important for claiming damages for mental agony.
• Do not accept paltry compensation offers like small coupons or refunds if you believe the harm caused is significant. Accepting such an offer might be construed as a final settlement of the dispute.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Initially, the police might be hesitant to register a First Information Report (FIR) for such an incident, viewing it as a non-cognizable or civil matter. They may advise you to approach the Consumer Commission. However, you should persist and explain the applicability of the BNS sections, especially concerning endangerment to life (Section 114) and food adulteration (Section 278). If the local police station is uncooperative, you can escalate the matter by sending a written complaint to a senior police officer, such as the Superintendent of Police, as per the procedure laid out in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

Can I sue both the restaurant and the delivery app?

Yes. The restaurant is liable for preparing and packaging unsafe/incorrect food. The delivery app (aggregator) is liable for “deficiency in service” as they are the platform through which the service was availed and paid for. They can be held as joint parties in a consumer complaint.

Is a refund enough compensation?

No. A refund only covers the cost of the product. It does not compensate for the mental agony, harassment, risk of injury, or violation of religious sentiments. You are entitled to claim additional compensation for these damages.

What if I threw away the food before realizing I could take legal action?

While having the physical food item is the best evidence, you can still build a case with secondary evidence like photographs, bills, screenshots of your order and chats, and witness testimony (like that of your friend).

What evidence is required?

To build a strong case, you will need:

• The original bill or digital receipt of the food order.
• Clear photographs and/or videos of the incorrect food item and the foreign object found.
• The contaminated food item and the foreign object itself, preserved safely.
• Screenshots of all communication with the delivery platform’s customer service.
• A medical report if any injury or illness was caused.
• A written statement from any witnesses.

How long will the investigation take?

The duration depends on the legal path you choose. A consumer complaint can take anywhere from a few months to over a year to be resolved. A police investigation and subsequent criminal case can be a much longer process, potentially spanning several years. However, lodging the complaint itself puts pressure on the companies to reform their practices and may lead to a quicker settlement out of court.

Advocate Sudhir Rao, Supreme Court of India