NAGPUR: Next time when you order home delivery of pizza, take a good look at the product before consuming. The Additional District Consumer Disputes Redressal

here slapped Rs 15,000 fine on the famous

chain

for delivering a pizza with a dead fly on it which was fried with it. It included Rs 10,000 for physical and mental harassment and Rs 5,000 towards litigation.

While partly allowing the complaint filed by

, a bench comprising president Shekhar Muley and members —

and

— also asked the Dominos’ head office in Mumbai and its branch at KT Nagar on Katol Road to refund Rs 723 with 12% interest from October 23, 2015, when the complained was lodged.

The complainant had ordered four pizzas from Dominos branch on Katol Road, on October 23, 2015. While the delivery boy delivered three of them, he promised to deliver fourth in some time. When the fourth one delivered and packet was opened, the family members were shocked to see a fly on the top of product. The complainant immediately brought the fact to light of franchisee, but didn’t get any response. Next day, he wrote an e-mail to Dominos Delhi office informing them about the presence of fly in the product and demanded refund of Rs 723 he paid for it.

Company’s then area manager refused refund, but assured him making next order free. A week later, Tiwari again ordered pizza from same outlet. When he reminded them about free order, the new area manager rejected his contention and also allegedly humiliated him.

Upset over mistreatment, Tiwari knocked forum’s doors demanding refund of Rs 723 with 24% interest and Rs 1 lakh for mental and physical agony along with Rs 25,000 for litigation charges. He contended that the respondents were negligent while serving the food to customers and thus put their lives at risk. He relied on the National Consumer Commission’s order in case of Dominos versus Poonam Chaudhary where it had delivered a non-vegetarian product to the vegetarian consumer.

Categorically denying all charges against them, Dominos argued that it maintained strict quality control while preparing the food and they have over 1,000 outlets in the country. It however agreed for making complainant’s next order free or refunding his Rs 723.

Relying on photographs of fly stuck in the pizza submitted by the complainant, the judges said if respondents were not at fault, they wouldn’t have offered refund or made his next order free. Observing that Dominos was engaged in “deficiency in service” by delivering the product with fly on it, the judges said the respondents should have taken care while delivering food items, as it may risk the consumer’s lives.

What the forum said

If Dominos were not at fault, it shouldn’t had offered refund or made next order free

It engaged in ‘deficiency in service’ by delivering product with fly on it

It should have taken care while delivering food items, as it may risk consumer’s lives