The District Consumer Disputes Redressal Commission, Mumbai Suburban, has dismissed a compensation claim of ₹6 lakh filed against Wow Momos Foods Pvt. Ltd. by two customers who alleged they were mistakenly served non-vegetarian momos despite ordering a vegetarian combo.
The complainants, Gargi Prakash Joshi and her co-complainant, claimed that on December 19, 2020, they had ordered a vegetarian "Steam Darjeeling Momo Combo" from the Sion outlet of Wow Momos but were instead served non-vegetarian "Steam Chicken Darjeeling Momos".
They argued this caused mental distress and hurt their religious sentiments, seeking compensation under the Consumer Protection Act, 2019.
To support their case, they submitted photographs of the food, the display board (which they said lacked clear veg/non-veg distinction), the bill, and legal notices exchanged in late 2020 and early 2021. Despite an apology and efforts by the company to resolve the matter with a refund and a goodwill voucher of ₹1,200, the issue escalated to the consumer forum.
In response, Wow Momos Foods contended that the bill clearly reflected a non-vegetarian order and alleged that the complainants had misidentified the staff involved. The company also claimed that the customers caused a disturbance at the outlet and assaulted a staff member.
Commission Member Gauri M. Kapse held that the complainants failed to present convincing evidence to prove they had ordered vegetarian food. The submitted photos did not clearly distinguish between veg and non-veg items, and the billing records showed that the non-veg dish was ordered by the complainants themselves.
The Commission also questioned the choice of the complainants to dine at a multi-cuisine restaurant if they were strictly vegetarian and sensitive to the presence of non-vegetarian food. “If the complainants were strictly vegetarian and the non-veg food hurts their religious sentiments, then why did they opt to order from a restaurant that serves both vegetarian and non-vegetarian dishes instead of one that is exclusively vegetarian?” the Commission asked.
Finding no deficiency in service on the part of Wow Momos, the Commission dismissed the complaint. No costs were imposed on either party, and copies of the order were directed to be issued free of charge.
Case Title: Gargi Prakash Joshi & Anr. v. Wow Momos Foods Pvt. Ltd.
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