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

Mr. Alok, a resident of Prayagraj, recently faced a frustrating situation. He placed an order for a special Paneer dish from a restaurant named “Spice Garden” through a popular food delivery application, “QuickDash Deliveries,” and paid for it online. Shortly after, the restaurant contacted him, stating that the specific item was unavailable. They suggested a replacement, which Mr. Alok declined, and requested them to cancel the order. The restaurant insisted that he had to cancel it from his end. Mr. Alok complied and cancelled the order, only to find that QuickDash Deliveries refused to issue a refund. Their justification was that the “food was already being prepared,” a claim that was directly contradicted by the restaurant’s own admission of the item’s unavailability.

Advice in such cases

When a service provider fails to deliver on a promise for which you have paid, it constitutes a deficiency in service. The act of refusing a refund based on a false premise can be considered an unfair trade practice. You are well within your rights to seek redressal.

Applicable Sections of Law

This situation is primarily governed by the Consumer Protection Act, 2019. The key concepts applicable here are:

• Deficiency in Service: The platform and the restaurant failed to provide the service (the specific food item) that was agreed upon and paid for.
• Unfair Trade Practice: Refusing a refund by providing a false reason (e.g., “food was being prepared” when it was unavailable) for the purpose of promoting the sale or use of any goods or for the provision of any service, is an unfair trade practice.

Since this is a civil dispute concerning consumer rights, criminal laws like the Bharatiya Nyaya Sanhita (BNS) are generally not applicable unless there is an element of fraud or criminal cheating involved, which would need to be proven separately.

If you are the complainant

• Document Everything: Your first step should be to gather all evidence. Take screenshots of the order confirmation, the payment receipt, and most importantly, the chat history with the customer support of the food delivery app.
• Communicate in Writing: Ensure all your communication with the company is in writing (email or app chat). This creates a digital paper trail that can be used as evidence. If you have a phone call, follow it up with an email summarizing the conversation.
• Send a Legal Notice: Through a lawyer, you can send a formal legal notice to the food delivery company’s registered office, detailing the deficiency in service and demanding a full refund along with compensation for mental harassment and costs.
• Consult with Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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 in 7-10 days.

If you are the victim

As a victim of such an unfair practice, it is important not to feel helpless. The amount may seem small, but the principle is significant. You have paid for a service that was not rendered. Your primary goal is to seek a resolution. This involves being proactive and assertive. Follow the documented steps methodically. If the company refuses to cooperate after initial communication, escalating the matter legally is the right course of action. Your complaint can also help prevent the company from repeating such practices with other customers.

How the police behave in such cases

The police have a limited role in such matters. This is a consumer dispute, which is civil in nature, not a criminal offence. If you approach a police station, they will likely, and correctly, advise you to file a complaint with the appropriate Consumer Dispute Redressal Commission (often referred to as the Consumer Court). The police do not have the jurisdiction to compel a company to issue a refund in a consumer case.

FAQs people normally have

Can I really file a case for such a small amount of money?

Yes. The Consumer Protection Act, 2019, is specifically designed to protect consumers, irrespective of the transaction value. The District Consumer Dispute Redressal Commission can hear matters for claims up to Rs. 50 lakhs. The filing fee is nominal.

Do I need a lawyer to file a consumer complaint?

While it is not mandatory to hire a lawyer and you can represent yourself in the Consumer Commission, having legal counsel is highly recommended. A lawyer can draft the complaint correctly, present the arguments effectively, and navigate the procedural aspects of the case, significantly increasing your chances of a favourable outcome.

What can I claim in my complaint?

You can claim the original refund amount, compensation for the mental agony and harassment you endured, and the costs incurred in filing the complaint, including lawyer’s fees.

What evidence is required?

Strong evidence is key to winning any case. For a dispute like this, you should collect:

• The digital invoice or bill for the order.
• Screenshots of the order placed on the app.
• Your bank or credit card statement showing the payment deduction.
• Screenshots of all chat conversations with the customer service of the delivery app.
• Any email correspondence between you and the company.

How long will the investigation take?

The timeline can vary. After sending a legal notice, a company is typically given 15 to 30 days to respond or comply. If they fail to do so and you file a complaint in the Consumer Commission, the process can take several months. The Consumer Protection Act, 2019, mandates an effort to dispose of cases within three to five months, but the actual duration depends on the caseload of the commission and the complexity of the matter.

Advocate Sudhir Rao, Supreme Court of India