The complainant alleged that the pizza delivered was 3 inch shorter than what was ordered. (Image generated using AI)A consumer commission in Uttarakhand has ordered an e-commerce food delivery platform and an eatery (seller) to jointly pay Rs 10,520 to a customer for allegedly delivering a seven-inch pizza instead of 10 inches as listed on the food delivery mobile application.President Gagan Kumar Gupta and members Dr Amresh Rawat and Ranjana Goyal observed that delivering a pizza 3 inches smaller than ordered constitutes a deficiency in service and an unfair trade practice.“The opposite parties are ordered to jointly and severally pay the complainant, within 45 days from the date of this order, a total sum of Rs 10,520, which includes Rs 505 towards the price of the pizza in question plus Rs 15 delivery charges, Rs 5,000 as compensation for mental and physical harassment, and Rs 5,000 as litigation expenses,” the order read.3 inches shortThe complainant stated that he had ordered two pizzas worth Rs 505 through the online food delivery platform. The complainant alleged that while the app listed the item as a 10-inch pizza, the product delivered measured only 7 inches. He said that the issue was immediately raised via the food delivery platform’s customer support chat.It was stated that, despite acknowledging the issue, the complainant was denied a refund. According to the complainant, he reached out to multiple places for resolution, including complaints with the National Consumer Helpline (NCH), the CPGRAMS portal, and a formal legal notice. Unable to obtain a refund, he filed a complaint before the consumer forum.The online food delivery platform argued that it operates merely as an intermediary platform connecting users with third-party restaurants. It stated that its function is limited to delivering orders to their destination as per the provided description, rather than acting as a manufacturer, order preparer, packager, or seller listed on its platform. The commission proceeded ex parte against the second opposite party (seller/eatery) for failing to file a response.After examining the evidence and affidavits submitted by the complainant and the e-commerce food delivery platform, the commission observed that the pizza was not delivered according to the placed order nor was a refund provided. Hence, it held that the opposite parties committed a deficiency in service by failing to deliver the pizza as ordered.Story continues below this adThe commission noted that the e-commerce platform instead of being considered as an intermediary, would be treated an integral part of the service chain which includes accepting the order, coordinating with the restaurant, and executing the delivery. It held that the pizza delivered on behalf of the opposite parties did not correspond to the details displayed on the online platform (i.e., the placed order), for which the opposite parties are held liable.The commission therefore directed the opposite parties to pay Rs 520 as refund for the pizza price (Rs 505) and delivery charges (Rs 15) besides paying Rs 5,000 as compensation for mental and physical harassment and Rs 5,000 towards litigation costs.TakeawayFood delivery platforms cannot escape consumer liability by claiming to be mere intermediaries when they are an integral part of the ordering and delivery process, delivering a product that does not match its description on the platform amounts to deficiency in service and unfair trade practice.For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Uttarakhand: 1800-180-4188) or call the National Consumer Helpline at 1915 for assistance.Story continues below this adDon’t miss out on these storiesKerala woman misses hospital visit due to ‘6-hour halt’, bus operator to pay her Rs 22,000‘Denied’ boarding over UK visa despite US itinerary, man wins Rs 1.72 lakh from airlinesWedding ‘called off’, luxury resort ordered to refund Rs 8.5 lakh to bride’s father Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:consumer court