Query: I had ordered dinner from a e-commerce website and made an advance payment for the same. I got online confirmation for the same with committed time of delivery. I relied on their commitment and didn't order dinner from anywhere else. However even after 1 hour of their stipulated time frame, the food was not delivered. Since it was done late in night, other food joints serving similar orders were closed down. If I had known earlier, I could have ordered the food from somewhere else before closing hours. Now I have to go to bed empty stomach. On query, the e-commerce support said that they are not able to contact the restaurant and refunding the amount. I wish to understand whether can I sue the e-commerce platform for adhering to their commitment (already paid for) and causing me trauma as mentioned above. I had plans to do some office work for the night but now the same has been impacted due to this issue. Please suggest!
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1) website is willing to refund your money . take the refund
2) also seek compensation from website for inconvenience caused to you
3) dont file complaint before consumer forum .
4) the litigation fees would be more than amount you would recover from the website .
5) further it would take 2 years for case to be disposed of
1.Well,this does not seem to be willful laches on service by e-commerce.
2.Nevertheless since you paid it money, it is duty bound to give you service in which event the closure of restrauant has no connection.
3.So you can file a case for compensation in consumer forum.
4.However given the minuscule of money involved in the case the said proceeding in consumer forum may not be cost effective in terms of money alone but surely there would be a moral victory.
it is a valid contract and you have right to recover damages for its breach. this contract is breached by the ecommerce company. you placed order for dinner therefore time is the essential part of this contract. if contract is not performed in the stipulated time hence it is called breach of contract.
either you can file a civil suit for damages or file a case before the consumer forum. the latter option is better because it takes less time and money.
You can surely sue the food joint as this is deficiency in service on its part. The remedy for you is to move the consumer forum to claim compensation for the mental agony you had to suffer on account of the deficiency in service.
You can aproach consumer forum with a consumer service deficiency case against the e-commerce firm for their such act o negligence especially for their casual act and irresponsible behavior when they have already committed to it through the e-commerce site.
The refund of money is a good evidence for sing them for the deficient service.
You can secure all the evidences, like booking, transfer of money, transaction details and their refund etc and drag them to a consumer forum claiming compensation for the mental agony they cause due to their negligence and service deficiency.
You can include the impact due to this problem in the pleadings of the complaint.
