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

Mr. Sameer, a resident of Nagpur, recently placed an order for ‘Vegetarian Hakka Noodles’ from a local eatery called “Oriental Delight” through the “InstaDeliver” food delivery application. Upon receiving his meal, he was shocked and distressed to find pieces of chicken and shrimp mixed in with the noodles. He immediately raised a complaint through the InstaDeliver app. While he received a quick refund for the order amount, the customer support chat was abruptly terminated, leaving him with no further explanation or apology. Mr. Sameer feels that a simple refund is inadequate compensation for the violation of his dietary principles and personal beliefs. He is seeking to understand his legal options to hold the restaurant and the delivery platform accountable and to prevent such incidents from happening to others in the future.

Advice in such cases

Receiving non-vegetarian food in a vegetarian order is not just a simple mistake; it can be a serious issue for individuals with strict dietary, religious, or ethical commitments. It constitutes a clear case of negligence and deficiency in service. You have the right to seek more than just a refund; you can claim compensation for the mental agony and hurt caused by the incident. It is crucial to act promptly and systematically to build a strong case.

Applicable Sections of Law

This situation is primarily governed by the Consumer Protection Act, 2019. The act provides robust protection for consumers against such lapses.

• Deficiency in Service: Under the Act, providing a non-vegetarian meal against an order for a vegetarian one is a clear “deficiency in service.” The service provided was not of the quality and nature that was promised.
• Unfair Trade Practice: Representing a food item as vegetarian when it is not can be considered an “unfair trade practice” as it involves making false or misleading representations about the goods/services.
• Product Liability: The restaurant as the manufacturer of the food and the delivery platform as a service provider can both be held liable.

While proving a deliberate criminal intent to hurt religious sentiments under the Bharatiya Nyaya Sanhita (BNS) is challenging and requires a high burden of proof, the path through the Consumer Commission is direct and effective for seeking compensation for service deficiency.

If you are the complainant

As the person who received the wrong order, you need to take specific, methodical steps to ensure your complaint is taken seriously.

• Document Everything: Immediately take clear photographs and videos of the food, showing the non-vegetarian items. Keep the physical bill, the digital order confirmation, and screenshots of the order details from the app.
• Create a Paper Trail: Do not rely on app chats alone. Send a formal email to the customer support of both the restaurant and the delivery application, detailing the incident, attaching evidence, and stating your dissatisfaction with a mere refund.
• Send a Legal Notice: A legal notice drafted by an advocate is a formal communication that shows you are serious about pursuing legal action. It often prompts the company to offer a more appropriate settlement.
• File a Consumer Complaint: If you do not receive a satisfactory response, you can file a complaint before the appropriate District Consumer Disputes Redressal Commission. You can claim compensation for the cost of the food, mental harassment, and litigation costs.
• 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

Understanding your position as a victim goes beyond being a complainant. It involves recognizing the personal violation you have experienced.

• Preserve Evidence Carefully: If possible, preserve a sample of the food by freezing it. This can serve as powerful physical evidence if the matter proceeds to a formal hearing.
• Do Not Settle Prematurely: Accepting a refund does not forfeit your right to further action, but be clear in your communications that you consider the refund insufficient and that you are not accepting it as a final settlement of the matter.
• Know Your Rights: Your rights as a consumer have been violated. You are entitled to not only a refund but also compensation for the emotional and mental distress caused by the restaurant’s and delivery platform’s negligence.
• 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 are generally not the primary authority for such cases. This is considered a civil wrong (a consumer dispute) rather than a criminal offence unless there is substantial evidence of a deliberate and malicious act intended to cause public unrest or outrage religious feelings. If you approach a police station, they will most likely listen to your grievance and advise you to approach the Consumer Commission, which is the appropriate forum for resolving such disputes.

FAQs people normally have

People often wonder if a small mistake in a food order is worth pursuing legally. In cases involving dietary and religious principles, the answer is yes. It is a matter of holding businesses accountable for their services. Another common question is whether both the restaurant and the delivery app are liable. Yes, depending on the circumstances, liability can be placed on both parties – the restaurant for preparing the food incorrectly and the app for facilitating the sale and delivery.

What evidence is required?

To build a strong case in the Consumer Commission, you will need compelling evidence. The following are crucial:

• The order confirmation email or app screenshot, clearly showing a vegetarian item was ordered.
• The bill/invoice for the order.
• High-quality, well-lit photographs and/or videos of the food received, clearly showing the non-vegetarian ingredients.
• Screenshots of all chats and copies of all emails exchanged with the customer service of the restaurant and the delivery platform.
• The names of the restaurant and delivery service, along with the date and time of the order.

How long will the investigation take?

The timeline for a consumer complaint resolution can vary. After filing a complaint, the Commission issues a notice to the opposite parties, who then file their reply. The process involves the submission of evidence and written arguments. While the Consumer Protection Act, 2019, aims for speedy disposal of cases, a typical case in a District Commission can take anywhere from 6 months to over a year to reach a final decision, depending on the complexity of the case and the Commission’s caseload.

Advocate Sudhir Rao, Supreme Court of India