New Delhi, A Delhi consumer commission has held Swiggy and a restaurant responsible for displaying a misleading buffet price on the food delivery platform and directed them to jointly pay ₹ 1 lakh as compensation to a customer for mental agony, harassment, inconvenience and litigation costs.
The District Consumer Disputes Redressal Commission bench, led by president Divya Jyoti Jaipuriar, also directed Themis Barbeque House to refund ₹ 3,988 to the customer for the excess amount charged over the price displayed on Swiggy Dineout and ₹ 254 towards an illegally levied service charge, both with nine per cent annual interest. However, the restaurant charged ₹ 1,050 for a vegetarian buffet and ₹ 1,100 for a non-vegetarian buffet, resulting in an additional charge of ₹ 300 and ₹ 350 per person, respectively. It said the difference of around 40-47 per cent between the displayed and actual prices was material and held that the continued display of the lower price, despite Swiggy having access to accurate, itemised pricing, amounted to deficiency in service and unfair trade practice. The commission also dealt with the restaurant’s levy of a 10 per cent service charge on beverages. the commission ordered Swiggy and the restaurant to jointly and severally pay ₹ 1 lakh as compensation for mental agony, harassment, inconvenience and litigation costs While directing the restaurant to refund the excess buffet amount and service charge with interest.
The Swiggy Dineout listing showed the “cost for two” as ₹ 1,500, implying a price of ₹ 750 per person. It noted that the menu did not disclose the charge and the bill described it as “Service Charge” instead of “Staff Contribution”, as required under the interim directions then applicable.
