Online Food Delivery Platforms like Swiggy & Zomato
YES, online food delivery platforms like Zomato, Swiggy, Uber Eats, etc., fall under the
ambit of the Consumer Protection Act, 2019
Know these:
1. "E-Commerce Entity under section 2 (16) of Consumer Protection Act
2019 brings under its ambit, online food delivery platforms as an
ecommerce entity.
2. Online food delivery platforms (Aggregators) facilitate transactions
between consumers and restaurants, making them e-commerce entities
under the Act.
3. Who is liable for defective Products & Services: Both online food
aggregators and the restaurant selling through the aggregator.
4. Online food aggregators are liable for deficiency of service, unfair trade
practices, and deceptive advertisements under Consumer Protection Act
2019.
5. Product liability u/s 2(34) : If a wrong item, spoiled food, or unhygienic
product is delivered, the consumer can le a complaint against both the
restaurant and the food delivery platform if their role in the issue is evident.
Online food delivery platforms can be held liable for product liability under
section 2(34)
6. Liability Under the Rules for E-Commerce (2020)
Under Consumer Protection (E-Commerce) Rules, 2020, food delivery
platforms must:
o Ensure transparency in pricing and policies.
o Not engage in unfair trade practices.
o Provide a proper grievance redressal mechanism.
Steps to Claim Damages:
1. First, Contact Customer Support
Try resolving the issue through the e-commerce platforms help center.
2. File a Complaint in the Appropriate Consumer Commission
File a formal complaint in the relevant Consumer Disputes Redressal
Commission (CDRC) based on the claim amount:
For better chances of successful claims, keep the following with you
1. Online order confirmation received (through App / Mobile / Email).
2. All SMS / WhatsApp / Email tracking details of order.
3. Online payment summary
4. Bills and invoices received.
5. Photos and videos of damaged delivery / damage in transit etc.
6. Documentary / Audio / Visual evidence (if any) without violating privacy issues.
7. Complaint number and screenshots as proof.
When Can You File a Complaint
1. Delayed delivery
2. Wrong order
3. Unhygienic or expired food
4. Non-refund of payment
5. Misleading advertisements