No Cake, No Refund: Delhi Court Orders Company to Pay Over Rs. 5000 for Failed Birthday Delivery

A Delhi consumer commission has held India Cakes Private Limited guilty of deficiency in service for failing to deliver a birthday cake ordered for a woman's grandmother and subsequently refusing a refund on the ground that the delivery had allegedly been attempted.

the District Consumer Disputes Redressal Commission, South-II, Delhi ruled that an online delivery platform cannot avoid liability after accepting payment, demanding additional delivery charges and then failing to complete the delivery. The Commission directed the company to pay over Rs 5,000 to the complainants, including a refund of the amount paid, compensation for harassment and litigation costs. The payment has to be made within 60 days.

The order was passed by a bench comprising President Monika Aggarwal Srivastava and Member Ritu Garodia in a complaint filed by Priyanka Bhardwaj and Smita Kumari alias Preeti Singh.

The Birthday Cake Delivery

The dispute arose from an online order placed on February 9, 2024 for a half-kilogram pineapple cake and a bouquet of six mixed roses. The items were intended to be delivered on the same day to the complainants' grandmother in Sultanpur district of Uttar Pradesh with the message "Happy Birthday Nani".

According to the complaint, IndiaCakes advertised free same-day delivery on its website. After placing the order, the complainants paid Rs 756 through UPI and received an order confirmation.

However, within minutes, the company demanded an additional delivery charge of Rs 275 on the ground that the destination was located far from its delivery centre. Although the complainants objected and sought cancellation, they eventually paid the additional amount due to the urgency of the birthday celebration.

Later in the evening, the company informed them by email that the order had been processed for delivery.

Despite this assurance, the cake and flowers never reached the intended recipient.

The complainants stated that when they contacted the company, they were initially informed that the delivery location was too far and that a refund was being processed. The next day they again sought cancellation and refund.

Two days later, however, IndiaCakes sent an email claiming that its delivery personnel had attempted delivery but the recipient had refused to accept the order. On that basis, the company refused to refund the amount.

Why Did The Commission Reject IndiaCakes' Version?

The Commission noted that the invoice issued at the time of booking did not disclose any additional delivery charge. It observed that the demand for Rs 275 was raised only after the order had already been placed and paid for.

More significantly, the Commission examined audio recordings produced by the complainants. According to the Commission, the recordings revealed that the delivery personnel had returned without making the delivery because the destination was situated at a considerable distance. The recordings also indicated that a refund had been assured.

The Commission found that the company's later claim that the recipient had refused delivery was not supported by the material on record.

The bench further observed that no prior intimation regarding non-delivery had been given to the complainants and that they were compelled to repeatedly follow up through emails and telephone calls.

Holding that the complainants had paid the entire consideration but received neither the cake nor the bouquet ordered for a special occasion, the Commission concluded that the conduct of the company amounted to deficiency in service.

Accordingly, the Commission directed IndiaCakes to refund Rs 1,031, comprising the original order amount and the additional delivery charge, along with 7 per cent interest. It also awarded Rs 2,000 as compensation for mental and physical harassment and Rs 2,000 towards litigation expenses. The amount is to be paid within 60 days, failing which the entire amount will carry interest at 8 per cent from the date of the order till realization.

Case Title: Priyanka Bhardwaj & Anr. v. India Cakes Private Limited

Order Date: May 8, 2026

Bench: President Monika Aggarwal Srivastava and Member Ritu Garodia