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

Mr. Alok Sharma, a resident of the Jayanagar area in the city of Navinagar, recently faced a distressing situation. He ordered a meal from a popular local eatery, “Urban Subs,” using the “QuickBites” food delivery application. The order was for his family, including his sister who was visiting.

After taking a few bites of her meal, his sister complained that the food tasted strange and felt unwell. Initially, Mr. Sharma thought it might be a minor issue, but upon inspecting the food item himself, he was shocked. The primary ingredient appeared to be spoiled and had a foul smell, and worse, the bread seemed to have tiny insects in it. The food was clearly unsafe for consumption.

He immediately contacted QuickBites customer support. After a prolonged and frustrating conversation, the company issued a refund for the order amount. However, Mr. Sharma felt that a simple refund was insufficient given the potential health risk and the severe negligence shown by both the restaurant and the delivery platform. He now wishes to pursue legal action to hold them accountable.

Advice in such cases

• Preserve Evidence: Immediately take clear photos and videos of the contaminated food from multiple angles. If possible, seal the food item in a container and store it in the refrigerator as evidence.
• Document Everything: Keep a record of your order confirmation, bill, and all communication with the delivery app and the restaurant, including chat transcripts and call logs.
• Seek Medical Attention: If anyone has consumed the food and feels unwell, consult a doctor immediately. A medical report will be crucial evidence linking the illness to the contaminated food.
• Report on the Platform: Besides contacting customer care, leave a detailed review with pictures on the app to warn other consumers.
• 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 in India protect consumers from such incidents. The primary recourse is under the Consumer Protection Act, but other criminal laws may also apply.

• Consumer Protection Act, 2019: This is the most direct law for such grievances. Serving contaminated or unsafe food constitutes a “deficiency in service” by the restaurant and the delivery platform, as well as an “unfair trade practice.” You can file a complaint seeking a refund, compensation for medical expenses, and damages for mental harassment.
• Food Safety and Standards Act, 2006 (FSSAI Act): This act governs food safety in India. You can file a complaint with the Food Safety Officer of your area. The Act has provisions for penalties and punishment for selling unsafe or substandard food.
• Bharatiya Nyaya Sanhita, 2023 (BNS): The new penal code of India also has relevant sections. Section 284 (Adulteration of food or drink intended for sale) and Section 285 (Sale of noxious food or drink) can be invoked if the act is serious enough to warrant criminal proceedings.

If you are the complainant

• File a Consumer Complaint: You can file a complaint in the District Consumer Disputes Redressal Commission. This can now be done online through the e-Daakhil portal, making the process more accessible.
• Lodge a Complaint with FSSAI: Use the FSSAI’s “Food Safety Connect” app or website to report the incident. A food safety officer may then inspect the restaurant and collect samples for testing.
• Inform the Police: You can approach the local police station to file a complaint under the relevant sections of the BNS, especially if someone has fallen seriously ill.
• 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.

If you are the victim

• Do Not Discard the Food: Preserve the remaining food as it is the primary evidence. Do not throw it away.
• Get Immediate Medical Help: Your health is the priority. Visit a doctor or hospital and ensure the medical records clearly state the cause of illness as suspected food poisoning.
• Maintain Records: Keep all medical prescriptions, reports, and bills safe. These will be essential for claiming compensation for medical expenses.
• 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

The police’s reaction can be mixed. Often, they may view such cases as a civil matter and direct you to the Consumer Forum. They might be hesitant to file a First Information Report (FIR) unless there is a severe case of food poisoning affecting multiple people or causing grievous harm. However, under the law, they are obligated to register a complaint if a cognizable offence under the BNS is made out. Having a lawyer accompany you can ensure that your complaint is taken seriously and registered correctly.

FAQs people normally have

• Can I sue both the restaurant and the delivery app?
  Yes. The restaurant is liable for preparing unsafe food, and the delivery app, as a service provider and facilitator, also shares liability, especially for issues related to their listed partners and service quality.
• Is accepting a refund the end of the matter?
  No. A refund only covers the cost of the product. You are still entitled to claim compensation for mental agony, physical suffering, medical expenses, and other damages caused by their negligence.
• What if I don’t have the food anymore?
  While having the food sample is best, you can still build a case with other evidence like photos, medical reports, bills, and communication records with the companies involved.

What evidence is required?

• The physical sample of the contaminated food, if preserved correctly.
• Clear photographs and videos of the food item showing the contamination.
• The digital or physical bill of the order.
• Screenshots of the order details from the app.
• All communication records (chats, emails) with the customer support of the delivery app and/or the restaurant.
• Medical reports, prescriptions, and bills if medical treatment was required.
• A lab test report of the food sample, if you get it tested from an accredited laboratory.

How long will the investigation take?

The timeline varies depending on the legal route you take. Cases in the Consumer Commission are designed to be resolved relatively quickly, ideally within a few months, but can sometimes take longer depending on the complexity and backlog. A police investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) does not have a fixed timeline and can be a lengthy process. An investigation by the FSSAI also follows its own administrative timelines for inspection, sample testing, and reporting.

Advocate Sudhir Rao, Supreme Court of India