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The plea stated that the complainant had suffered enormous trauma as a result of the delivery agent having been hired by Zomato without a background check.
A three-member bench of Dr. Rajender Dhar, Ritu Garudia, and Raj Kumar Chauhan of a District Consumer Forum in Delhi recently issued notice to Zomato on a complaint alleging sexual harassment by company's delivery partner.
The complainant in her plea stated that she had suffered enormous trauma in the form of sexual assault, physical harassment, and mental and emotional breakdown as a result of grave misconduct by the delivery agent hired by Zomato without a background check. Despite raising serious concerns, no follow-ups were ever made, demonstrating their extreme deficiency in service, she alleged.
“Despite the complaints by the complainant, no efforts whatsoever were made to reach out to the complainant or provide the complainant with any resolution or help”, the plea added.
“It takes a lot of courage for the victims of sexual assault to come forward and report the incidence and since Zomato categorically asked to follow up and get back twice the Complainant waited but no heed was ever given”, the plea read.
The plea further stated that the chat window was closed by displaying the issue as 'resolved' to create a worrying situation. It was also stated that Zomato’s inaction and willful default towards the complainant, is liable to compensate for the deficiency in services, harassment, time wastage, mental agony, litigation expenses, and immense suffering caused.
According to the plea, the details of the delivery agent provided on the Zomato App and the actual agent who arrived to deliver the food differed. This was discovered later, and no photo was uploaded to the App, which could have aided in the identification of the accused, the complainant stated.
Furthermore, the plea stated that after receiving a call from the IO requesting the identification of the delivery agent, the Complainant went to the Police Station to do the same and identified the delivery boy. Thereafter, the Delivery Executive admitted to using his brother's Zomato account to make all of the deliveries, the plea alleged.
The complainant, represented by Advocates Pragya Parijat Singh, Harshita, and Shivank moved the District Consumer Disputes Redressal Commission in Delhi (Mehrauli), seeking compensation of Rs. 20,00,000 for the agony, trauma, and harassment, both physical and mental, she endured.
The complainant has also sought an unconditional and unqualified apology, by way of writing a letter and acknowledging the omissions on the parts of the opposite parties. Additionally, she has sought direction to them to pay the cost of litigation.
Case Title: X. v. Zomato Ltd. and Ors.
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