The court decided that Swiggy had to reimburse Rs 187 for an undelivered "Nutty Death by Chocolate" ice cream and pay a total of Rs 5,000, which included Rs 3,000 for compensation and Rs 2,000 for litigation costs.
The customer ordered the ice cream in January 2023, but the app said it was "delivered," so she started a dispute when she didn't receive it. The order never made it to the customer after the delivery agent allegedly picked it up from the ice cream shop. She tried to get a refund from Swiggy, but the company did not pay her back.
In defense of itself, Swiggy said it only serves as a middleman between patrons and eateries and that it shouldn't be held accountable for the delivery agent’s error. The company also argued that its responsibility ends once an order is marked as delivered on its platform.
Swiggy's claims were rejected by the Bangalore Urban II Additional District Consumer Redressal Commission, who pointed out that the Information Technology Act did not shield the business from liability. The court ruled that Swiggy was at fault for failing to confirm the order's actual delivery and cited Swiggy's "deficiency of service" and "unfair trade practice."
The commission said that despite the ordered product not being delivered, "the complainant has convincingly demonstrated that there is a deficiency of service on the part of Swiggy."
The court determined that the customer's initial demands for Rs 10,000 in compensation and Rs 7,500 for litigation expenses were excessive. Nonetheless, the court’s decision to mandate compensation underscores the responsibility of delivery platforms to ensure customer satisfaction and the fulfillment of their services.
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