TaxTMI 
TaxTMI 
2025 (7) TMI 1145
X X X X Extracts X X X X
X X X X Extracts X X X X
....'app') based food delivery company, operating, out of Gurugram, Haryana. The app is inter alia used for ordering food online from restaurants and eateries. 3. As per the Informant, OP's app operates inter alia through following steps: (i) upon placing request by the user on app for a particular dish, (ii) the app suggests a list of restaurants showing availability of that dish, (iii) when consumer chooses a particular restaurant, menu of the restaurant opens up showing the dish and its price, (iv) upon selecting dish and its price, app directs customer to one of the available various payments methods for payment, and, (v) after the payment is made, the app shows the approximate time of delivery. 4. It has been submitted by the Informant t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ng charges, donations and tips which is stated to have been added by default and the Informant could not find a method, if any, to opt out of it on the OP's app. 7. OP is also stated to be operating as a duopoly with another similar company with no other competition, leading to levy of undue, excessive and monopolistic charges on the consumers. It is stated that, unlike other e-commerce companies, which offer their services free of charge, OP levies Rs. 6.00 for the use of its app as platform charge which was previously Rs. 5.00. OP is stated to offer free deliveries for those customers who buy subscription packages on the OP's app. It has been further alleged that the increase of 20 per cent in platform charge is not based on any improvem....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the market, but has not provided any data/evidence in this regard. On perusal of the allegations, which largely pertain to levy of various kinds of charges viz. food charges, platform fees, delivery fees, tip etc., by OP; the Commission is of the view that these do not appear to be unfair and discriminatory in nature. 13. Further, the Informant also appears to be aggrieved that he could not find any option to opt out from default setting of payment of tips. The Commission noted that tip is not mandatory and there is option to not pay the same which is easily visible. In addition, the Informant has also made allegations related to edibility of the delivered food, non- disclosure of food prices as per restaurants' menus on the packaging and ....