How can I implicate Swiggy for compensation for not delivering product after payment
1 Answer
Dear Client,
The situation you have encountered with the delivery agent who wrongfully represents the order has a delivery status by using a GPS location in the app that does not exist, tries to get you to provide your OTP number or try to obtain an OTP from you, and then disappears with your order, is a deficiency in service as well as potentially fraudulent behaviour for which you are entitled to receive compensation that is in addition to the order total.
As far as the legal framework of this situation, you can find recourse under the Consumer Protection Act, 2019. The courts in India that deal with consumer disputes have consistently found that food delivery companies, by virtue of their services causing mental distress and inconveniences and also as a result of unfair business practices as defined by law, have caused deficiencies in the services that they have provided and have ordered compensation as a result.
Recently, the Bengaluru Consumer Court found that Swiggy must pay compensation of ₹3,000 for not delivering an ice cream order that cost ₹137 and not refunding the amount. This shows that courts use proportional compensation based on the inappropriate behavior of Swiggy toward the consumer (harassment) rather than relying solely on the value of the order itself.
The actions of the delivery agent to encourage you to provide an OTP, the falsified location of the delivery vehicle (this was shown to you as being close when it was not), and the direction by Swiggy's customer service to create a cancellation of your order with no refund based upon the nondelivery of the ice cream order are all examples of unfair trade practices and violations of service deficiency under Section 2(11) and Section 2(47) of the Consumer Protection Act of 2019.
Swiggy is liable both directly and indirectly as the operator of the delivery service through its partners for their actions and behavior toward you.
What to do step by step: First, preserve all evidence screenshots of the app showing "vehicle nearby," your call logs with the delivery agent, your conversations with Swiggy customer support, and your order ID and payment receipt. Follow these steps: file a complaint with the National Consumer Helpline at consumerhelpline.gov.in or call the toll-free number 1800-11-4000. Also send a legal notice (made by a private attorney) to Swiggy's registered address (21, 3rd Floor, Ulsoor Road, Bangalore, Karnataka) demanding compensation due to mental harassment, loss of time and poor service. If they don’t answer within 30 days or reason, you can additionally file a complaint at the District Consumer Redressal Commission in your district for compensation due to mental distress, harassment and poor service. Courts have given a range of Rs. 5,000 to Rs. 1,00,000 in these types of cases, depending on the situation. Since all you want from the complaint is money because it’s to cover emotional distress and for unfair business practices, the wording of your complaint should show that you want the money for emotional distress and unfair/false business practices.
I hope this helps, and if you have any further issues, do not hesitate to contact us.