BEFORE THE DISTRICT CONSUMER DISPUTE

REDRESSAL COMMISSION, MUMBAI SUBURBAN

CONSUMER COMPLAINT NO 362 OF 2022.

MR. PARTH AMITBHAI SHAH )

Age- 29 yrs, Residing at 101, Richmond, )
Apartment Plot No. 20, Andheri C.H.S Ltd, )
V.P . Road, Nr. Shri School, Andheri (W), )
Mumbai- 400 058. ) ..Complainant
V/s.
1. THE (OLA) ANI TECHNOLOGIES PVT LTD )
Through its Director Mr. Bhavish Aggarwal )
Regent Insignia, 414, 3rd Floor, 4th Block, )
17th Main 100 Feet Road, Koramangala, )
Banglore- 560 034 . )

2. THE (OLA FOOD) PISCES ESERVICES PVT LTD)

Through its Director Mr. Bhavish Aggarwal )
Regent Insignia, 414, 3rd Floor, 4th Block, )
17th Main 100 Feet Road, Koramangala, )
Banglore- 560 034 . ) ..Respondents

REJOINDER ON BEHALF OF THE

COMPLAINANT:

THE COMPLAINANT ABOVENAMED STATES AS UNDER:

1. At the outset, the Complainant states that the Written

Statement of the Respondents is nothing more than denial of
the facts laid down in the Complaint, without any substantive
documentary proof in support thereof.

2. Without prejudice thereon the para wise reply is as under:

(i) With reference to introductory Pars 1-3 of the said
Written Statement, the Complainant denies the
averment in toto and put forth the real fact that the
Complainant is an Orthodox Hindu Jain who adheres to
 the principles and practices of Jainism and is purely
vegetarian. The Complainant states that he had ordered
online food on 20/06/2021 at around 10:44 p.m. viz
“Malabar Pepper Paneer Bowl”, “Veg Only” bearing
coupon code OLAFOODS99 through Respondent No.
2 food mobile application for an amount of Rs. 250/-
and received the same at about 11:04 a.m. Whereas the
actual food is made by the Respondent No. 2 PISCES
E-SERVICES PVT LTD (OLA FOOD), which is in
fact the subsidiary of Respondent No. 1 ANI
Technologies PVT LTD (OLA).

(ii) With reference to Para No. 4, of the said Written

Statement Complainant denies each and every contents
put forth therein and states the real fact that none had
come take back the bowl for inspection of the food and
no proper redressal was provided to the Complainant.

(iii) With reference to Para No. 5, of the said Written

Statement, the Complainant denies every iota of the
contents laid down therein and states the real fact that
the religious sentiment of the Complainant has been
hurt for which the Complainant is in great shock and
depression.

(iv) With reference to Para No. 6, of the said Written

Statement, the Complainant states that the contents
therein warrant no specific reply and the Complainant
accepts nothing contrary to what is stated therein.

3. With reference point no. 1-3 under the head of Para-wise

Reply, the Complainant states that no specific
reply/explanation is required as it contains no specific fact
which could be dealt with.
4. With reference point no. 4 under the head of Para-wise
Reply of the Written Statement, the Complainant states that
he is a pure vegetarian consumer, hence, the food item he
ordered, or expected to be delivered and consumed by him
should have been a pure vegetarian food but by eating the
unwanted and undesired non-vegetarian food which the
Complainant had not even ordered has hurt the religious
sentiment of the Complainant.

5. With reference point no. 5 under the head of Para-wise

Reply of the Written Statement, the Complainant states that
he is a pure vegetarian consumer, hence, the food item he
ordered, or expected to be delivered and consumed by him
should have been a pure vegetarian food, hence, there arises
no question of reading instructions provided on the labels or
any boxes containing food and after the Complainant
consumed the food it was felt that the food which he was
eating was actually not the desired food but non-vegetarian
food and which was against the belief and religion of the
Complainant.

6. With reference point no. 6 under the head of Para-wise

Reply of the Written Statement, the Complainant denies the
averment in toto and put forth the real fact that just by mere
denial and mentioning the terms and conditions, it cannot be
ignored that a deep rooted religious orthodox jain community
person’s sentiment were hurt irreparably by eating the non-
vegetarian food. The Complainant states that he had full faith
in the services of “Ola Food” and its subsidiary “Food
Panda” but it was shocking and painful to receive the flesh of
a living bird after killing the said bird and cooking its flesh
for supplying the same to a purely vegetarian customer like a
Complainant.
7. With reference point no. 7 under the head of Para-wise
Reply of the Written Statement, the Complainant states that
he refused the apologies and refund because the intangible
damage to his psyche was already done. Further, the
Respondents had accepted that they had sent their shift
manager to apologize the Complainant after the verification
of the contents of the ordered food which thereby requires no
further explanation.

8. With reference point no. 8 under the head of Para-wise

Reply of the Written Statement, the Complainant states that
just by saying that the Respondents have tried to provide the
best possible resolution to the Complainant does not serve
the purpose and does not deny the fact that the Respondents
were just passing the call to one another, rather, the
Complainant have all the documentary proofs including
extract of emails with the Respondents, which clearly proves
the contentions of the Complainant. Further, the Complainant
states that he had already annexed all the documentary proof
along with the Complainant.

9. With reference point no. 9 & 10 under the head of Para-

wise Reply of the Written Statement, the Complainant states
that the act of evasive denial of the Respondents, clearly
infers that they have nothing to cover their malicious act,
which leaves them with no other option but to merely
deny facts of the Complainant and to make a concocted
story. However, the Complainant states that he had sent the
legal notice dated 15th July 2021 for reconciling the issue
before approaching the Hon’ble Forum but the Respondents
were adamant and rude and denied all the allegations.
Further, the Complainant had already annexed the notice
along with the Complainant.

10. With reference point no. 11 under the head of Para-wise

Reply of the Written Statement, the Complainant states that
 it is nothing but a monochrome rely which serves nothing but
mere denial of every fact put forth by the Complainant.
However, the Complainant states that even the endless
denials and concocted stories of the Respondents could not
change the fact that the Respondents had sent the undesired
and unwanted non-vegetarian food to the Complainant which
had left him in a great shock and depression and the religious
sentiments of the Complainant is hurt. Further, it is already
accepted by the Respondents that they have tried to resolve
the dispute by sending their representative after verification
of the contents of the ordered food which is contradictory to
para No. 7 and thereby proves that the delivery of wrong
food item and consumption of non-vegetarian food.

11.With reference point no. 12 under the head of Para-wise

Reply of the Written Statement, the Complainant states that
all the rebuttal statements of the Respondents shows nothing
but the phony intentions of the Respondents to escape from
the situation whereas the Respondents had already accepted
their mistake in para No. 7.

12.With reference point no. 13-16 under the head of Para-wise

Reply of the Written Statement, the Complainant states that
all the Directors / office bearers / senior official have in
collusion with each other have framed the situation in such
a way that now the Respondents are denying every fact,
which was not expected by the renowned company like
the Respondents.

13.The Complainant, therefore, most humbly prayed that this

Hon’ble Forum be pleased to allow the present Complaint
and be pleased to grant the prayers prayed in favour of
Complainant in the interest of justice.
 VERIFICATION

I, Mr. Parth Amitbhai Shah, an adult, Indian Inhabitant,

residing at 101, Richmond Apartment, Andheri CHS Ltd, Plot
No. 20, V.P. Road, Nr. Shri Ram School, Andheri (W), Mumbai-
400 058., the Complainant hereinabove, do hereby solemnly declare
that what is stated in the foregoing paragraphs No.1 to 13 of the
Rejoinder to the Written Statement are true to my own knowledge
and what is stated in the remaining paragraphs is stated on
information and belief and I believe the same to be true.

Solemnly declared at Mumbai )

This day of November, 2022 ) Before me,

Identified by me,

Advocate for the Complainant

 BEFORE THE DISTRICT
CONSUMER DISPUTE REDRESSAL
COMMISSION, MUMBAISUBURBAN
CONSUMER COMPLAINT NO 362 OF
2022.

Mr. Parth Amitbhai Shah

..Complainant
V/s.
The (Ola) Ani Technologies Pvt Ltd &
Anr
..Respondents

REJOINDER TO
WRITTEN STATEMENT

Dated ___of November 2022

Adv. Sonal Hemant Mishal

Advocate High Court
Off: Basement shop No 1,
Shoppers Point,
S,V.Road, Andheri West,
Mumbai-400058.
9969849102,
advsonalmishal2006@gmail.com
MAH/3566/2006