There's s cockroach in their food.

aayu15

New member
Hotel Name
La pino'z pizza, Ab road outlet
Website Name
Swiggy
Loss Amount
260
Ratings
1.00 star(s)
Opposite Party Address
Ab road,
There's s cockroach in their food. It's in taco I ordered from la pinoz pizza! I called la pinoz ab road outlet and they said the cockroach must have come from Swiggy delivery partner's bag, but I know for sure that it was in their food because it stuck to the sauce and cheese or whatever they added.
 

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Hello @aayu15

1. Summary of the Complaint​

  • The complainant purchased food from a restaurant/food-service provider and found a cockroach in the food.
  • This clearly constitutes a deficiency in service under the Consumer Protection Act, 2019 and potentially an unfair trade practice (selling unsafe/unhygienic food).
  • The presence of a cockroach (an insect) in the delivered food falls short of the standard of care, hygiene and safety a reasonable service-provider must ensure.
  • The complainant is seeking redress (refund, compensation, apology, assurance of corrective steps).



2. Legal Basis & Why the Complaint is Strong​

a) Deficiency in service / Unfair trade practice

Under the Consumer Protection Act, 2019:
  • Services must be provided with due care and skill, and in a manner that is not misleading.
  • Delivering food with a cockroach obviously breaches the standard of hygiene and care.
  • The service provider has breached its implied obligation to deliver a fit product/service.

b) Judicial precedent – Britannia Industries v. Pradeepkumar

In the landmark case:
  • The Kerala Commission held that when a consumer finds a defect (contamination) in a food product, the manufacturer/marketer is liable for deficiency/unfair trade practice.
  • Although that case was about packaged food, the principle applies equally to food-service: presence of a contaminant/insect = failure to provide safe, hygienic consumable product/service.
  • It provides a solid precedent to argue that liability arises even when the fault is in hygienic management or quality control of the food service.
c) Consumer’s Rights

  • You can claim refund of the amount paid for the food.
  • You can claim compensation for mental distress/harassment because having a cockroach in one’s food is an aggravating factor (health risk + disgust + breach of trust).
  • You can demand corrective steps: assurance of improved hygiene, inspection, apology.



3. Recommended Steps to Take​


Step 1: Preserve Evidence

  • Photograph the food item showing the cockroach and the delivery/packaging condition.
  • Keep the bill/receipt showing amount paid, date/time.
  • Note any correspondence you have with the restaurant (calls, chat, in-person).
  • Keep a copy of the thread you posted, any screenshots of your complaint.

Step 2: File Complaint with Consumer Forum

  • If the restaurant fails to respond satisfactorily within the 7–10 day period, file a formal complaint before the appropriate Consumer Disputes Redressal Commission (District or State, depending on your claim value).
  • Use the E-Daakhil portal (https://edaakhil.nic.in/) for filing online.
  • Attach:
    • copy of the written notice you sent;
    • evidence (photos, bill, chat logs);
    • your demand (refund + compensation).
  • In the complaint, cite the Consumer Protection Act, highlight deficiency/unfair trade practice, and cite the Britannia Industries precedent for supporting your claim of liability.



4. Why This Has Strong Prospects​

  • The facts are egregious: cockroach in food = clear hygiene breach.
  • Precedent (Britannia case) shows consumer forums will hold food-service providers liable.
  • Evidence (photograph, bill) will help you establish claim.
  • The service provider (restaurant) cannot reasonably argue that a cockroach in delivered food is within “permissible tolerance”.

Please note: The company name may be different but the process of filing complaint is same.

Feel free to Contact us, for any help in drafting and filing case in the Consumer Forum

Thanks
 
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