How do I complain about a food delivery app for spoiled food, wrong orders or non-delivery?

Question

A food delivery app delivered a spoiled meal, or delivered nothing at all while charging my card, and customer support is not resolving it. I want to know my legal remedy. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How do I complain about a food delivery app for spoiled food, wrong orders or non-delivery? is governed in India primarily by Consumer Protection (E-Commerce) Rules 2020, Rule 5, Food Safety and Standards Act 2006, Section 26, Consumer Protection Act 2019, Section 2(11) and Consumer Protection Act 2019, Section 2(34). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Rule 5 of the Consumer Protection (E-Commerce) Rules 2020 requires every e-commerce entity, including a food delivery marketplace, to appoint a grievance officer and to acknowledge and resolve consumer complaints within the timelines specified in the Rules.

Section 26 of the Food Safety and Standards Act 2006 makes it an offence to sell or supply food that is unsafe or not of the nature, substance or quality demanded, and this applies to the restaurant partner, while the delivery platform can be jointly answerable if it misrepresented the seller's compliance or hygiene rating.

A food delivery platform charging for an order that is never delivered, or refusing a refund for a materially defective delivery such as spoiled or contaminated food, is a deficiency in service and unfair trade practice under Sections 2(11) and 2(47) of the Consumer Protection Act 2019.

Under Section 2(34) of the Consumer Protection Act 2019 defining 'product service provider', both the marketplace platform and the restaurant listed on it can be impleaded together in a single consumer complaint for the same transaction.

Photographic evidence of the spoiled food, the order confirmation and payment receipt, and the in-app chat with customer support are the essential evidence to establish both non-delivery and quality complaints.

What to do next: 1) Photograph the spoiled or incorrect food item immediately and save the order details and payment proof; 2) Raise the complaint within the app's support chat and request a refund, quoting the specific order ID; 3) Escalate to the platform's grievance officer through its published grievance email if the app support does not help; 4) File a consumer complaint against the platform and the restaurant if a refund or replacement is refused.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Consumer Protection (E-Commerce) Rules 2020, Rule 5 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.