The Delhi consumer commission ruled on September 21, 2026, that Swiggy cannot claim safe harbor under Section 79 of the Information Technology Act for misleading pricing on its Dineout platform. The commission held both Swiggy and Themis Barbeque House jointly responsible for displaying an inaccurate "cost for two" figure that misled customers, according to medianama.com.
The case arose from a complaint filed by a customer who booked a table for 10 people in April 2024 through Swiggy Dineout. The listing showed a cost of Rs 1,500 for two people, implying Rs 750 per person. However, the final bill charged Rs 1,050 per vegetarian buffet and Rs 1,100 per non-vegetarian buffet, with an additional 10% service charge on beverages. The customer’s in-app chat complaint to Swiggy received no satisfactory response, prompting the legal action.
The commission emphasized that Swiggy must demonstrate due diligence as required by relevant laws and cannot avoid responsibility by citing intermediary protections under the IT Act. This ruling challenges the common practice among food platforms and Google Maps of displaying estimated costs that may not reflect final charges. It underscores the accountability of digital platforms in ensuring transparent pricing for consumers.
The commission’s order, accessible on medianama.com, sets a precedent for stricter scrutiny of online food service platforms’ pricing disclosures. It highlights the need for platforms like Swiggy to align their listings with actual billing practices to avoid consumer grievances and legal consequences.