A woman who ordered an aloo patty sandwich online and later found a metallic object inside the food item has been awarded ₹35,000 as compensation by the District Consumer Disputes Redressal Commission, Mohali, which held the outlet guilty of deficiency in service and unfair trade practice.
The order was passed by the bench comprising president SK Aggarwal and members Paramjeet Kaur and Lt Col Jasbir Singh Bath. The Subway outlet has also been directed to refund the cost of the sandwich that is ₹160 with 9% interest and deposit ₹15,000 towards consumer welfare and charitable causes.
Complainant Tihij Sharma, a resident of Peer Muchalla, Zirakpur, had placed an online order for an aloo patty sandwich from Subway through Zomato, an online food aggregator platform, on April 16, 2024. While consuming, she allegedly discovered a metallic object, described as being smaller than an earring, inside the item. Photographs of the object were placed on record before the commission.
The complainant subsequently contacted the food outlet through emails and other communications and also served legal notices, but did not receive a “satisfactory” response.
During the proceedings, the opposite parties failed to contest the complaint and were proceeded against ex parte. The commission noted that the complainant’s affidavit, photographs, emails and other documentary evidence remained unrebutted.
The commission observed that the responsibility to ensure food safety, hygiene and quality rested with the seller that prepared and supplied the food product. It held that supplying food containing a foreign object amounted to negligence, deficiency in service and an unfair trade practice under the Consumer Protection Act, 2019.
While dismissing the complaint against Zomato and other offices of the company, the commission observed that the food delivery platform merely acted as a logistics service provider and that no deficiency in service had been established against the other parties.
Apart from being asked to pay ₹35,000 as compensation to the complainant for mental agony, harassment and deficiency in service, the outlet has also been directed to deposit ₹5,000 with the Tricity Consumer Courts Welfare Association and ₹10,000 with the PGI Poor Patient Relief Fund within 30 days.
