A Delhi consumer court has imposed a hefty ₹1 lakh fine on food delivery giant Swiggy and Themis Barbeque House, holding them jointly liable for displaying misleading buffet prices. The District Consumer Disputes Redressal Commission (North District) ruled in favor of a customer who was overcharged after booking a buffet through Swiggy Dineout.
The complaint originated when a customer reserved a buffet for four people. The Swiggy Dineout listing indicated a "cost for two" at ₹1,500, which implied a per-person rate of ₹750. However, upon arrival at Themis Barbeque House, the customer was charged ₹1,050 per person for the vegetarian buffet and ₹1,100 for the non-vegetarian option. This represented a significant discrepancy of ₹300 to ₹350 more per head than the advertised rate.
Court Rules Misleading Advertisement and Unfair Practice
The three-member bench, comprising President Divya Jyoti Jaipuriar and members Ashwani Kumar Mehta and Harpreet Kaur Charya, found that the substantial difference—approximately 40-47%—between the displayed and actual prices constituted a "material" discrepancy. This was deemed a misleading advertisement and an unfair trade practice under the Consumer Protection Act.
The commission specifically noted that Swiggy Dineout's listing failed to clarify that the "cost for two" was merely an estimate. It concluded that the displayed figure was "clearly displayed mischievously to mislead the complainant as to the true price of the buffet."
Compensation and Refunds Ordered
Beyond the ₹1 lakh compensation awarded for "mental agony, harassment, inconvenience and litigation costs," the court issued further directives. Themis Barbeque House was ordered to refund ₹3,988, representing the excess amount charged above the price presented on Swiggy. Additionally, the restaurant must refund ₹254 for an impermissible service charge. Both these amounts are to be paid with a 9% annual interest.