ZOMATO DELIVERY DISPUTE: ANALYZING THE LEGAL ISSUES

Introduction & background 

On 9^th of March, 2021 one Hitesha Chandranee of Bangalore claimed that when she complained of her food delivery from Zomato getting delayed, she was assaulted by the delivery person (more particularly punched on the face).^[1] The woman has posted a video of her bleeding nose online. While the woman herself was first booked by the police for assaulting the delivery guy. However, a day later the delivery boy – one Kamaraj was arrested and Zomato suspended him as per procedure. According to the delivery boy, the women assaulted him first and so he filed a complaint with the police following which a FIR was registered against the women.

What the female customer has to say

As per the woman, she filed a complaint with Zomato customer care asking them to either deliver the food for free or cancel the order. According to her while she was on the call, the delivery person just did this assault.

What the delivery boy has to say

According to the police, the delivery boy has stated that the woman hit him with slippers, accused him of defaming her and hurled abuses at him. He just held her hand to stop this attack. The girl has now deleted her video from twitter that went viral leading to disruption on social media against Zomato. The boy has further claimed that he never entered her house and she herself accidently injured herself.^[2]

What Zomato has to say

[1] Anonymous, Bengaluru assault case FIR against women for assaulting Zomato delivery man, Financial Express, (Mar. 15, 2021, 5:00 PM) https://www.financialexpress.com/india-news/bengaluru-assault-case-fir-against-woman-for-assaulting-zomato-delivery-man/2213548/.

[2] Salman SH, Zomato delivery man arrested in Bengaluru, Inc42, (Mar. 15, 2021, 5:00 PM) https://inc42.com/buzz/zomato-delivery-partner-arrested-in-bengaluru/.

[1] Anonymous, Bengaluru assault case FIR against women for assaulting Zomato delivery man, Financial Express, (Mar. 15, 2021, 5:00 PM) https://www.financialexpress.com/india-news/bengaluru-assault-case-fir-against-woman-for-assaulting-zomato-delivery-man/2213548/.

[1] Salman SH, Zomato delivery man arrested in Bengaluru, Inc42, (Mar. 15, 2021, 5:00 PM) https://inc42.com/buzz/zomato-delivery-partner-arrested-in-bengaluru/.

While Zomato has made it clear that it would help the women with the police and assistance along with assistance on medical care, it is also assisting the delivery boy with legal support. The founder of Zomato posted a statement on Twitter that as per the company’s protocol they have temporarily suspended Kamaraj from delivering any food but are still supporting him with legal expenses etc.

Legal issues involved in the case

The charges against the women are section 355 (assault), 504 (insult) and 506 (criminal intimidation) of the Indian Penal Code at Bengaluru’s Electronic City Police Station.^[1] While the delivery boy has been arrested, there are no details of exact charges levelled against him.

Let’s take a look at these charges:

1. Assault under section 355 Indian Penal Code (“IPC”)^[2]

Using criminal force to a person with intent to cause dishonor without a sudden/grave provocation from the person so attacked can be punished for 2 years along with fine if he/she is found guilty of offence of assault under this section. However, this offence is bailable and requires a warrant for arrest. Moreover, it can be compounded under section 320 of Code of Criminal Procedure.^[3]

2. Insult under section 504 of IPC^[4]

Under this provision if a person insults, gives provocation to a person and knowing likely that it will cause to break public peace, then the person can be imprisoned for 2 years along with fine. The offence however is bailable and compoundable and would require a warrant to arrest.

3. Criminal Intimidation under section 506 of IPC^[5]

If someone causes a threat of death or grievous hurt he/she can be punished for 2 years of imprisonment and fine. However, this offence is bailable, compoundable and would require warrant for arrest.

Latest Developments

[1] Anonymous, Zomato controversy FIR registered against Hotesha Chandranee Kamaraj, OpIndia, (Mar. 15, 2021, 5:00 PM) https://www.opindia.com/2021/03/zomato-controversy-fir-registered-against-hitesha-chandranee-kamaraj-bengaluru/.

[2] Indian Penal Code, 1860, § 355, No. 45, Acts of Parliament, 1860 (India).

[3] Code of Criminal Procedure, 1973, § 320, No. 2, Acts of Parliament, 1974 (India).

[4] Indian Penal Code, 1860, § 504, No. 45, Acts of Parliament, 1860 (India).

[5] Indian Penal Code, 1860, § 506, No. 45, Acts of Parliament, 1860 (India).

[1] Anonymous, Zomato controversy FIR registered against Hotesha Chandranee Kamaraj, OpIndia, (Mar. 15, 2021, 5:00 PM) https://www.opindia.com/2021/03/zomato-controversy-fir-registered-against-hitesha-chandranee-kamaraj-bengaluru/.

[1] Indian Penal Code, 1860, § 355, No. 45, Acts of Parliament, 1860 (India).

[1] Code of Criminal Procedure, 1973, § 320, No. 2, Acts of Parliament, 1974 (India).

[1] Indian Penal Code, 1860, § 504, No. 45, Acts of Parliament, 1860 (India).

[1] Indian Penal Code, 1860, § 506, No. 45, Acts of Parliament, 1860 (India).

As per the most recent reports, the woman has fled Bengaluru.^[1] If this is true then she might be booked for false criminal complaint and not complying with the police investigation.

Conclusion

Since the investigation is currently going on, it won’t be appropriate to comment on the outcome since no one is sure of the facts and there are a lot of discrepancies in the factual matrix of various reports. Perhaps apps like Zomato should include clauses to fix liability on customers for misbehaving with the delivery people in the terms and conditions of service

[1] Manju Shettar, Zomato row after delivery boy Kamaraj filed FIR: Hitesha Chandranee flees Bengaluru, New Indian Express, (Mar. 15, 2021, 5:00 PM) https://www.newindianexpress.com/states/karnataka/2021/mar/17/zomato-row-after-deliveryboy-kamaraj-files-fir-hitesha-chandranee-flees-bengaluru-2277547.html.

[1] Manju Shettar, Zomato row after delivery boy Kamaraj filed FIR: Hitesha Chandranee flees Bengaluru, New Indian Express, (Mar. 15, 2021, 5:00 PM) https://www.newindianexpress.com/states/karnataka/2021/mar/17/zomato-row-after-deliveryboy-kamaraj-files-fir-hitesha-chandranee-flees-bengaluru-2277547.html.