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This complaint was filed by Shanmukh Deshmukh who is a Pune based lawyer.
He was twice delivered non-veg food when he was on a fast.
A consumer court in Pune then proceeded to slap a fine of ₹55,000 on Zomato as well as the guilty restaurant.
Food delivery aggregator Zomato landed in trouble yet again after it twice delivered non-veg food instead of vegetarian food that a Pune based lawyer had ordered. A consumer court in Pune then proceeded to slap a fine of ₹55,000 on Zomato as well as the guilty restaurant.
This complaint was filed by Shanmukh Deshmukh who is a Pune based lawyer. He was twice delivered non-veg food when he was on a fast.
The Consumer court directed Zomato and Hotel Preet Punjabi Swaad, the restaurant in question to make the payment for deficiency in service within 45 days or less. Failing to do so a fine of 10% will be slapped on both the parties. Of the total amount, ₹5000 is amounted to be paid for physical and mental harassment to the consumer. The offending restaurant is based in Hinjewadi, Pune.
However, Vipul Sinha, the regional manager of Zomato said that he wasn’t aware of such an order issued by the court.
Deshmukh who is currently working at the Bombay high court’s Nagpur bench had ordered panner butter masala using Zomato when he was on a visit to Pune on 31st May 2018. As the consumer is a devotee of Saint Gajanan Maharaj, he observes fasts on every Thursday of the week for the whole day. For breaking the fast in the evening, he proceeded to place his order to the restaurant via the food delivery app.
After the parcel was delivered and the food was served to Deshmukh, he soon realized that it was Butter chicken instead of the Butter paneer he had ordered. He then proceeded to call the delivery boy and apprehend him for wrong delivery. The delivery boy proceeded to tell him that Zomato doesn’t open the packages before delivering them, hence have no role to play in what is inside a particular parcel. The Zomato executives only deliver the particular order placed.
Deshmukh then proceeded to call the restaurant which assured him that they would replace the particular order with what he had ordered. Another parcel was again delivered to the customer and even the name of the dish i.e. “butter paneer masala” was mentioned on the recipt. After opening the second parcel, Deshmukh realized that it was Chicken again, much to his shock.
He then proceeded to file legal notices against Zomato and the restaurant stating that they had hurt his religious sentiments with the help of lawyer Sandesh Gundage. However, neither parties responded to this. He then proceeded to the consumer forum demanding acompensation amounting ₹5 lakh. He also asked for ₹1 lakh as compensation for the harassment faced by him. He also submitted recorded conservations with both parties for review.
As a reply to the forum, Zomato said that the man only aimed to defame the company and the food aggregator had already reimbursed him for the amount for the wrong delivery. They further commented that Zomato wasn’t responsible for supplying and packing dishes. However, the restaurant did admit their mistake of sending the wrong dish twice.
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