Swiggy Dineout Buffet Price Higher at Restaurant? Delhi Consumer Court Orders Rs 1 Lakh: What Are Your Rights?

What happened?

A Delhi consumer court has ruled against Swiggy and a Delhi restaurant, Themis Barbeque House. This is according to reports by Business Today, Bombay Samachar and Entertales on 4 October 2026.

A customer booked a buffet through Swiggy Dineout in April 2024. The app showed a ‘cost for two’ of Rs 1,500. That works out to Rs 750 a head.

At the restaurant, the reports say, the bill was Rs 1,050 per person for the vegetarian buffet and Rs 1,100 for the non-vegetarian one. That is about 40 to 47% more than the app suggested.

What did the commission order?

The District Consumer Disputes Redressal Commission (North District), Delhi, ordered Swiggy and the restaurant to pay Rs 1 lakh together. The money is for mental agony, harassment and the cost of the case, as reported.

It also ordered a refund of Rs 3,988 for the extra buffet charge. A further Rs 254 service charge was ordered back too. Both carry 9% interest a year.

The reports say the money must be paid within four weeks. After that, 12% a year interest applies.

Why did the commission say the price was misleading?

According to the reports, the commission found the gap was ‘material’ (big enough to matter to a buyer). It said the listing did not make clear that ‘cost for two’ was only an estimate.

It called this a misleading advertisement and an unfair trade practice (a business habit that cheats or misleads buyers) under the Consumer Protection Act. This is as reported. Only the full order shows the exact words.

Can an app say 'we are only a go-between'?

Swiggy argued that it is an intermediary (a platform that only carries information from others). It relied on Section 79 of the Information Technology Act, 2000.

Section 79 does protect an intermediary from liability for information posted by third parties. But the protection has conditions. The platform must not select or change the information, and it must follow due diligence (reasonable care).

As reported, the commission said Swiggy could not escape its duty just by quoting Section 79. It said Swiggy did not show it had taken enough care to make sure the prices shown were right.

This is one commission’s order. Other benches or appeal bodies may see a case differently.

Is a service charge allowed?

The reports say the Rs 254 service charge on drinks was ordered to be refunded as an improper charge. They do not give the full reasoning.

Always read the bill. Ask the restaurant to explain any charge you did not expect before you pay.

What can you do if the bill is higher than the app?

First, take a screenshot of the app page before you go. Show it to the manager and ask for the listed price.

If they refuse, pay under protest if you must. Write on the bill that you paid under protest. Then keep the bill and your booking confirmation.

Next, send a written complaint to the restaurant and the app. If there is no fix, you can file a case before the District Consumer Commission. Many people file without a lawyer.

Rights of the customer and of the business

A customer can ask for the price that was advertised. A customer can also seek a refund and compensation for harm caused by a misleading listing.

A restaurant or an app can defend itself. It can show the listing was clear, or that the buyer was told the real price before ordering. The commission decides on the evidence.