Who Is Responsible — Platform or Restaurant?
Food delivery apps (aggregators) typically operate as an e-commerce marketplace connecting the buyer to an independent restaurant, while also directly controlling delivery logistics through their own delivery partners. This means liability can fall on either or both: the restaurant/seller for the food's quality, safety, and accurate description, and the platform for its own conduct — order accuracy in transit, delivery-partner handling, its refund policy, and its obligations as an e-commerce entity under the Consumer Protection (E-Commerce) Rules, 2020 (Grievance Officer, acknowledgment within 48 hours, resolution within 1 month, no false discount claims).
Food Safety — FSSAI Framework
Restaurants and cloud kitchens listed on delivery platforms must hold a valid FSSAI licence/registration under the Food Safety and Standards Act, 2006, and comply with hygiene and labelling requirements. Contaminated, adulterated, or spoiled food delivered can be reported to the FSSAI (via the Food Safety Connect app/foscos.fssai.gov.in or the state Food Safety Department) in addition to a consumer complaint — these are parallel remedies, not alternatives to each other.
Applicable Law
The seller/restaurant provides "goods" (food) for consideration, and the delivery platform provides a "service" (marketplace and delivery) for consideration (delivery/platform fees) — both fall within Section 2(42)/Section 2(7) of the CPA 2019. Spoiled, adulterated, or materially different food from what was ordered is a "defect"/"deficiency" under Sections 2(10)–2(11); false discount displays, hidden platform fees not disclosed before checkout, or "dark pattern" checkout designs are "unfair trade practice" under Section 2(47) and are specifically addressed by the Consumer Protection (E-Commerce) Rules, 2020.
Jurisdiction & Forum
| Forum | Pecuniary jurisdiction | Location |
|---|---|---|
| DCDRC Puducherry | Value of goods/services paid as consideration up to ₹50 Lakh | Lawspet, Puducherry |
| SCDRC Puducherry | ₹50 Lakh to ₹2 Crore; also first appeals from DCDRC orders | Lawspet, Puducherry |
| NCDRC | Above ₹2 Crore; also first appeals from SCDRC orders | New Delhi |
(Section 34(1)/47(1)(a)(i)/58(1)(a)(i) of the Act itself set these thresholds at ₹1 Crore / ₹10 Crore / above ₹10 Crore; each carries a proviso letting the Central Government prescribe a different value. Exercising that power, the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 currently set the values shown in the table above.) A Puducherry buyer may generally file at DCDRC Puducherry under Section 34(2). Given typical order values, food delivery complaints will almost always fall within DCDRC's jurisdiction; the significance of a claim in such cases is usually the compensation sought for a health/safety incident, not the price of the order itself.
Limitation Period
Under Section 69, CPA 2019, a complaint must ordinarily be filed within two years from the date the cause of action arose — the date of delivery of the defective order, or the date the platform's Grievance Officer failed to resolve the complaint within its own timelines.
Documents Typically Needed
- Order confirmation and payment receipt from the app
- Photographs/video of the food received (contamination, wrong item, quantity shortfall)
- Medical records/prescription, if a food-safety illness resulted
- In-app chat/complaint history with the platform's support and Grievance Officer
- Screenshots of the discount/offer displayed at the time of ordering, if a pricing dispute
- FSSAI complaint copy, if filed
General Process Outline
- Step 1 — In-app complaint: Raise the issue through the platform's support/refund process, then escalate in writing to the Grievance Officer, noting the date.
- Step 2 — Food safety report (if applicable): Report contamination/adulteration to FSSAI via foscos.fssai.gov.in or the Food Safety Connect app.
- Step 3 — Legal notice: A written notice to the platform and/or restaurant setting out the grievance and relief sought.
- Step 4 — File the complaint: Under Section 35, with supporting documents and affidavit, at DCDRC Puducherry, online via e-jagriti.gov.in or in person.
- Step 5 — Admission and hearing: Per Section 36 (admission, ordinarily within 21 days of filing) and Section 38 (notice to the opposite party within 21 days of admission; response within 30 days, extendable by 15 days), then hearing and evidence.
- Step 6 — Order: Under Section 39, the Commission may direct relief it considers appropriate on the facts proved; the Act does not fix or guarantee any specific outcome.