SHIVAMOGGA: The District Consumer Disputes Redressal Commission in Shivamogga has imposed a penalty on Zomato and the owner of a local hotel after finding them guilty of deficiency in service for delivering a non-vegetarian burger to a customer who had ordered a vegetarian burger through the food delivery platform.
According to the commission's order, Nandish, a resident of JPN Road in Shivamogga, placed an order for a vegetarian burger through the Zomato app on August 27, 2025, the day of the Ganesh Chaturthi festival. He paid Rs 313.15 for the order. However, instead of the vegetarian burger he had ordered, he was delivered a non-vegetarian burger.
Nandish complained to Zomato about the incorrect delivery, following which the company refunded the amount paid for the burger to his account.
Despite receiving the refund, Nandish filed a complaint before the District Consumer Disputes Redressal Commission through his lawyer, alleging that the delivery of a non-vegetarian burger to his home during the Ganesh Chaturthi festival had hurt his religious sentiments. He contended that the incident occurred while his family was observing the festival and that the delivery of non-vegetarian food into his house caused him mental distress.
The complaint named Zomato India's chief executive officer at the company's headquarters in Gurugram, Haryana, the company's zonal head in Bengaluru and the owner of a hotel located at Five Star Darshan Complex in Shivamogga as respondents.
After admitting the complaint, the commission issued notices to the respondents. During the proceedings, Zomato argued that it merely functions as an online platform that facilitates orders between customers and restaurants. The company contended that customers place orders directly with restaurants through its platform and that it could not be held responsible for any lapse or deficiency in service relating to the food supplied.
After considering the arguments advanced by both sides and examining the complainant's affidavit and the documents placed on record, the commission concluded that the respondents had committed a deficiency in service. In its order, the bench comprising Commission president T Shivanna and member B D Yoganand Bhandya directed the first three respondents - Zomato's chief executive officer, its zonal head and the hotel owner - to jointly and severally pay Rs 10,000 to the complainant as compensation for mental agony within 45 days of the order. The commission said the amount would carry interest at 12% per annum if the respondents failed to make the payment within the stipulated period.
The commission also directed the respondents to pay Rs 10,000 towards the cost of the proceedings within 45 days. It said the amount would also attract applicable annual interest if payment was not made within the prescribed period.
