BENGALURU: A Bengaluru youth who was delivered a chicken dish instead of the vegetarian item he had ordered and unknowingly bit into it, took the online food delivery startup to a consumer court. The court has now ordered the firm to pay him a compensation of Rs 10,000 for the negligence and refund Rs 210 he spent on the dish.
On the afternoon of April 23, 2018,Vishnu Byataranyapura Nagendra, a resident of AECS Layout, RMV 2nd Stage, was at work when he placed an order on FreshMenu for a Caprese Quinoa and the order was delivered in
a box marked vegetarian. Nagendra opened it and took the first bite only to realise it was chicken.
Following the disgusting experience, the youngster called the food portal’s helpline and narrated his ordeal. The representative at the other end apologised and informed that a refund will be issued within a few working days. But the lunch episode had left Nagendra, a vegetarian by his religious denomination, angry.
After serving two legal notices on FreshMenu, Nagendra approached the District Consumer Disputes Redressal Commission in Shantinagar on October 1, 2018 and lodged a case against Foodvista India Pvt Ltd, operators of FreshMenu in Bengaluru. The youth argued his case through an advocate, while the opposite party’s lawyers termed the allegations false and vexatious. They claimed the customer had ordered a non-vegetarian dish over phone and he didn’t have any substantial proof to show that a wrong dish was delivered to him.
Examining the case for 28 months, udges of the consumer court pointed to an email correspondence between Nagendra and an executive of Fresh-Menu, in which the latter apologised for the mistake of delivering a chicken dish instead of a vegetarian one. The email is a clear evidence of deficiency in service, where a vegetarian was served a non-vegetarian dish, the judges noted.
On February 1, 2021, the judges ruled that FreshMenu is liable to pay Rs 5,000 to Nagendra, apart from Rs 5,000 towards his court expenses. The court also ordered the online food startup to refund Rs 210 towards the wrong dish delivered to the Bengalurean.