Consumer Rights Upheld: Court Orders Swiggy to Pay ₹5,000 for Failing to Deliver Ice Cream

A consumer court in Bengaluru has directed Swiggy to pay its customer a compensation of Rs. 5,000 to a customer who ordered an ice cream using the app but it wasn’t delivered to him.

Facts of this Case

In January 2023, a customer ordered an ice cream through Swiggy. Though the ice cream wasn’t delivered to the customer, the status on the app read delivered. When regarding the same, the customer raised this issue before Swiggy; they turned a blind eye to it, and hence the customer moved to the court and held Swiggy guilty for deficiency of service and unfair trade practices. The court directed Swiggy to refund the amount of the ice cream, Rs 187, to the customer and pay Rs 3,000 as compensation and Rs 2,000 as litigation costs.

“We are of the considered view that the complainant has proved that there is a deficiency of service on the part of the OP [opposite party/swiggy] since the OP has not refunded the amount paid by the complainant though the ordered product has not been delivered to the complainant,” the Bangalore Urban II Additional District Consumer Redressal Commission said.

Understanding Consumer Rights

Consumer rights in India are protected by the Consumer Protection Act of 2019. Prior to this act, the rights of the consumer were protected by the Consumer Protection Act, 1986. But the Consumer Protection Act of 2019 replaced the previous legislation because there was a dire need for legislation that protected the rights of customers in the digital age.

Salient Features of This Act

And hence, as per this act, the definition of consumer is that a person is called a consumer who avails of services and buys any good for self-use. It is worth mentioning that this definition covers all types of transactions, i.e., offline and online shopping.

Furthermore, this new legislation offers consumers greater flexibility by allowing them to file complaints with the consumer forum in their residential or work area rather than having to do so where the purchase was made or where the seller is headquartered, as was previously required. Additionally, the updated Act includes provisions that enable consumers to file complaints electronically and participate in hearings or examinations via video conferencing. Furthermore, it doesn’t mandate that consumers engage a lawyer to present their cases.

This act guarantees consumers six rights, namely.

Right to Safety

Right to Information

Right to Choose

Right to Representation

Right to Redress

Right to Consumer Education

THE CCPA

The updated legislation empowers the Central Government to establish the Central Consumer Protection Authority (CCPA), tasked with regulating issues concerning the infringement of consumer rights, unfair trade practices, and deceptive advertising detrimental to public and consumer interests. The primary objective of the CCPA is to promote, safeguard, and uphold consumer rights collectively. Furthermore, the Central Authority is authorized to initiate inquiries or investigations into potential violations of consumer rights either independently (Suo motu), in response to consumer complaints, or upon directives from the Central Government.

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