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Synopsis

A Delhi Court has summoned food delivery giant Zomato in response to a civil suit seeking to halt its services that allow users to order food from renowned restaurants across the national capital under the sub-category "Dilli ke Legends".

Civil Judge Umesh Kumar of Saket Court issued the summons after hearing a plea filed by a Gurugram resident, Sourav Mall, who alleged that Zomato was engaging in false and deceptive practices by delivering fresh food from well-known restaurants without proper authorization.

The judge ordered, "Issue summons in the suit and notice in the application."

Mall's plea, filed as a "representative suit" under the Code of Civil Procedure (CPC), highlighted instances where food orders were picked up from undisclosed locations instead of the original restaurants, raising questions about the authenticity and freshness of the delivered food.

The court has directed Zomato to respond to the allegations and scheduled the matter for further consideration on March 20.

Zomato's rapid delivery of food from iconic Delhi restaurants to locations in Gurugram and Noida within 30 minutes was described as "inexplicable" in the plea, suggesting potential deceptive practices aimed at misleading customers.

"It is therefore inexplicable as to how Zomato is able to manage delivery from iconic restaurants of Delhi to delivery locations in Gurgaon/Noida within 30 minutes that too allegedly hot food. Such representation to users, customers, and/or patrons of Zomato, are indeed intended to deceive the public at large," the plea said.

According to the plea, Sourav Mall placed an order on October 24, 2023, from three different eateries in Jama Masjid, Kailash Colony, and Jangpura, following which he tracked the delivery partner and found that the order was picked from the "unknown and unnamed" place and not from the original restaurant.

"Why was the food picked up from a nearby location when there is no branch of the restaurant partner there? Why is the food not delivered in the original packaging of the restaurant partner? What is the guarantee that the food has been prepared by the restaurant partner? What is the guarantee that the food is prepared fresh and hot?" the plea said.

Case Title: Sourav Mall v. Zomato Limited