Why Vegetarian Complainants Chose a Non-Veg Outlet If It Hurts Their Religious Sentiments? Mumbai Consumer Court

The District Consumer Disputes Redressal Commission, Mumbai Suburban, recently dismissed a Rs. 6 lakh claim against Wow Momos Foods Pvt. Ltd.

Gargi Prakash Joshi and her co-complainant alleged that on 19 December 2020, they had explicitly ordered a vegetarian “Steam Darjeeling Momo Combo” from the café outlet in Sion, Mumbai, only to be served non-vegetarian Steam Chicken Darjeeling Momos. They claimed the error caused them mental anguish and hurt their religious beliefs, demanding Rs. 6,00,000 in compensation for deficiency of service under the Consumer Protection Act, 2019.

The complainants produced photographs of the food and the display board, arguing it lacked clear veg/non-veg labelling. They also presented their bill and legal notices exchanged in December 2020 and January 2021. Despite an apology and an offer by the company’s Mumbai management to meet and resolve the issue, no settlement was reached. Legal notice followed, and the matter landed before the consumer commission.

Wow Momos Foods countered that the invoice clearly showed a non-veg order, that the serving staff’s name was misidentified, and that the complainants had been refunded in full and even offered a Rs. 1,200 voucher as a goodwill gesture. The company further alleged the complainants created a nuisance, physically abused a staff member, and lacked credibility.

Commission member Gauri M. Kapse noted the complainants failed to produce any decisive proof that they had, in fact, ordered vegetarian momos.

The board photos were inconclusive in distinguishing vegetarian from non-vegetarian dumplings. Moreover, the staff record and invoice design both indicated non-veg ordering at the complainants’ own request.

Turning to the core of the complaint, the bench observed that the complainants, being “strictly vegetarian” and sensitive about non-veg food, had the option to patronise an exclusively vegetarian eatery.

"if the complainants were strictly vegetarian and the non-veg food hurts their religious sentiments, then, why they opted to order the food items from the restaurant which was delivering both non veg and vegetarian food instead of ordering the food from the restaurant which was exclusively vegetarian, and served only and only vegetarian food," the commission asked, underscoring that customers bear responsibility for choosing a multi-cuisine outlet.

Finding no deficiency in service, the commission dismissed the complaint, imposing no costs on either side and directing that copies of the order be served to both parties free of cost. 

Case Title: Gargi Prakash Joshi & Anr. v. Wow Momos Foods Private Limited