Substandard online food delivery and available legal remedies

In the aftermath of COVID-19 and the rise of technology over the past two years, many restaurants in our country have launched their own online food delivery services. Some users have had nothing but positive experiences with these food delivery services, while others have had numerous complaints. Many customers voiced their displeasure on social media, complaining that they received stale food, something other than what they ordered, or not as much as was depicted in the photo. To make matters worse, many of these restaurants have flatly refused to reimburse customers who sustained financial losses. These things bring to the fore the question of legal remedies in this area which is of paramount significance to consumers.

In Bangladesh, no specific law addresses the legal remedy for restaurants' substandard online delivery services. However, as per clause 3.1 of the Digital Commerce Operation Guidelines 2021, all existing legislation of our State will apply to the online sector or digital commerce businesses. Hence to safeguard their interests, customers can seek legal recourse under statutes such as the Consumer Protection Act 2009, the Food Safety Act 2013, and the Penal Code 1860.

The first law worth noting in this context is the 2009 Consumer Act. Under this statute, customers have the option of pursuing either civil or criminal remedies. Customers can invoke sections 44-46 and 53 of this Act to sue restaurants for subpar online delivery service. These provisions provide a clear picture of the legal recourse available to customers against restaurants for deceptive advertising (section 44), failing to deliver properly any goods or services promised in exchange for money (section 45), failing to provide the promised quantity of goods (section 46), and causing monetary damage by negligent conduct (section 53). If found guilty, the penalties under these provisions include imprisonment for one to three years and a fine of 50,000 to 2,000,000 Taka. Other than that, as civil remedies under chapter VI, the defendant may be obliged to supply a comparable service or product, the complaint may be granted a refund for the defective goods, and the complaint may be awarded compensation of up to five times the amount assessed for the damage proven and paid. Nonetheless, to get redress under this Act within thirty days of the occurrence, the consumer must file a written complaint to the Director General or a person authorised by the Directorate.

Consumers of online food delivery services are safeguarded by the Food Safety Act of 2013. Like the 2009 Consumer Act, this Act provides civil and criminal remedies, including fines and imprisonment. Selling adulterated food, sub-standard food, using used oil and mixing them with other foods, selling dead animals or fowl or decomposed milk, and serving food that can cause a hazard to human health through irresponsibility  and negligence are considered offenses under sections 25,26, 28,34 and 35 of the Act respectively. As in schedule, punishment includes imprisonment for one to three years and a fine of 3 Lakh to 6 Lakh Taka. According to section 76 of the Act, any victim may pursue civil remedies in addition to criminal prosecution to recover compensation that does not exceed five times the estimated amount of loss incurred. Apart from this statute, one may seek redress from the court against the restaurant if it has given any food by online delivery service that has been contaminated or is noxious under Sections 272 and 273, respectively, of the Penal Code of 1860.

In the light of the preceding, it can be said that customers have numerous ways to seek remedies against restaurants' substandard online delivery service under quite a few laws. A customer's route is impeded by a lack of knowledge and by the fact that the procedure for obtaining remedies differs much. Consequently, there is an urgent need to adopt a law/provisions that mainly addresses difficulties or disputes from e-commerce businesses, including how issues about a restaurant's subpar online delivery service will be handled.

The writer is a Student of Law, Bangladesh University of Professionals.