To Whom It May Concern,
I am writing to formally bring to your attention an issue I faced while using your services, which has caused me significant inconvenience and financial loss.
Below are the details of the incident:
1. I placed an order on your platform for delivery to another person. The delivery address and contact details were correctly provided.
2. The delivery agent called me, and I clarified that the order was for another individual, whose details were already mentioned. Despite this, the agent stated that the order was “not for you, ” abruptly ended the call, and canceled the order.
3. Following this, I contacted your support team to request either a refund or a reattempt at delivery. However, I was wrongfully held responsible for the issue, and my request was denied.
This is unacceptable. Swiggy has failed to fulfill its obligation to deliver the product and has also refused to provide a refund, which constitutes a breach of consumer trust and rights.
I hereby demand the following:
1. An immediate refund of the full amount paid for the canceled order.
2. A written apology for the inconvenience caused.
3. Appropriate disciplinary action against the delivery agent and the support executive involved.
As per the applicable consumer rights under the laws of India, I am entitled to a resolution of this grievance. Should you fail to address my concerns within 24-48 hours, I will be compelled to pursue legal action to claim remedies for:
• Financial loss.
• Emotional distress.
• Fraudulent business practices.
I retain the right to utilize all available evidence, including customer service call recordings and chat transcripts, to substantiate my claims in a legal forum if necessary.
I trust that you will address this matter promptly to avoid escalation. Please confirm receipt of this notice and provide a resolution at the earliest.
In furtherance please note the below. The issue is not the amount but unfair means - I had requested a re-delivery which too was refused - hence the issue went to this point.
1. Consumer Protection Act, 2019
• Deficiency in Service (Section 2(11)): Failure to deliver the product and refusal to refund constitutes a deficiency in service.
• Unfair Trade Practices (Section 2(47)): Refusal to refund or redeliver despite the issue being caused by the delivery agent will be deemed as an unfair trade practice.
• Complaint with the Consumer Disputes Redressal Commission (District, State, or National Commission based on the claim amount).
2. Indian Contract Act, 1872
• Breach of Contract: When Swiggy accepted the payment, a service contract was formed. Your failure to deliver the order or refund the money constitutes a breach of contract (Section 73).
3. Information Technology Act, 2000
• Failure to Protect Consumer Data (Section 43A): Held liable for damages. This includes any misuse of the address or contact details provided for the order.
4. Civil Law
• Negligence: The delivery agent’s and support team’s actions amounts to negligence, as their failure to deliver the order and wrongful cancellation caused me loss and distress.
• Mental Distress: I claim damages for the emotional and mental distress caused by Swiggy’s actions.
5. Indian Penal Code, 1860 (IPC)
• Fraud (Section 415): Refusing a refund while failing to deliver the service amounts to cheating.
• Criminal Breach of Trust (Section 406): As Swiggy refuses to refund despite accepting payment, it amounts to criminal breach of trust.
I retain my rights to file a complaint with the District Consumer Forum.
and take the matter before civil courts or invoke criminal provisions under the IPC.
