KFC - Thudiyalur - money charged and no service provided

Complainant:
Mr. Balavignesh Murali

Opposite Party:
KFC Restaurant, Thudiyalur, Tamil Nadu and other concerned entities responsible for order fulfillment and customer support.

Facts of the Case

On ** April ****, I placed a food order through the official KFC mobile application and made the payment online using my UPI-linked credit card. The order was successfully accepted by the system, and the payment amount was debited from my account immediately.

After placing the order, I waited for the delivery; however, the order was never delivered to my address. Since there was no delivery update, I contacted the concerned KFC restaurant through the contact number provided.

During the conversation, the restaurant personnel informed me that a delivery partner had not been assigned to the order and therefore they were unable to deliver the food. Instead of arranging an alternative delivery solution, I was asked to personally visit the restaurant and collect the order.

I clearly informed the restaurant staff that I had intentionally placed the order through the delivery application because I was unable to visit the restaurant in person. Had I intended to collect the food myself, I would not have opted for a delivery order and paid the associated charges.

Since the restaurant admitted its inability to deliver the order, I immediately requested cancellation of the order and refund of the entire amount paid. The restaurant representatives assured me that the issue would be addressed.

Despite my repeated requests, the refund was not processed. The amount paid by me continues to remain with the merchant even though no food was delivered and no service was provided.

Left with no alternative, I approached my credit card issuer and raised a chargeback/dispute request seeking reversal of the transaction. During the investigation process, I was shocked to learn that the merchant had reportedly represented that the service had been successfully provided.

The merchant's claim is completely false and contrary to the actual facts. No food was delivered to me, no delivery confirmation was obtained from me, and I never received any benefit from the transaction. In fact, the restaurant itself admitted over the phone that delivery could not be completed due to the non-availability of a delivery partner.

By falsely claiming successful fulfillment of the order while retaining the payment amount, the merchant has caused financial loss, inconvenience, mental agony, and unnecessary hardship to me.

Grounds for Complaint

The actions of the Opposite Party constitute:

a. Deficiency in Service under the Consumer Protection Act, ****, as the paid food delivery service was not rendered.

b. Unfair Trade Practice, as payment was retained despite non-delivery of goods and services.

c. Misrepresentation of Facts, as the merchant reportedly claimed that the service had been provided despite the actual non-delivery of the order.

d. Failure to Refund, despite acknowledging the inability to fulfill the order and despite repeated requests from the consumer.

Loss and Hardship Suffered

Loss of the amount paid for the undelivered order.

Time and effort spent contacting the restaurant, customer support, and credit card issuer.

Mental stress, frustration, and inconvenience caused by the refusal to process the refund.

Additional hardship caused by the merchant's alleged false representation during the chargeback investigation.

Reliefs Sought

The Complainant respectfully prays that the Hon'ble Consumer Commission may be pleased to:

Direct the Opposite Party to refund the entire order amount along with applicable interest from the date of payment until realization.

Award compensation for mental agony, inconvenience, and deficiency in service.

Award litigation costs and other expenses incurred in pursuing the matter.

Direct the Opposite Party to produce proof of delivery, if any, and explain the basis on which it represented that the service had been provided.

Pass such other orders as the Hon'ble Commission may deem fit and proper in the interests of justice.

Declaration

I hereby declare that the facts stated above are true and correct to the best of my knowledge and belief and that I have not received the ordered food or any equivalent service for the payment made on ** April ****.

Place: ___________

Date: ___________

Signature of Complainant

(Balavignesh Murali)