‘If strictly veg, why order from non-veg restaurant?': Consumer forum dismisses Dadar couple's complaint over chicken momos

Indian Express

09-06-2025

The Consumer Disputes Redressal Commission in Mumbai has dismissed a complaint seeking compensation for the delivery of chicken momos to a couple who allegedly ordered the vegetarian version of the snack, observing that if they were 'strictly vegetarian', they need not have ordered food from a restaurant that also delivers non-vegetarian meals. The Commission added that the complainants failed to provide proof that they had ordered vegetarian momos and pointed out that the offer mentioned both 'veg-non-veg'.
'If the complainants were strictly vegetarian and the non-veg food hurts their religious sentiments, then why they opted for order from a restaurant which was delivering both non-veg and vegetarian food instead of ordering the food from a restaurant which was exclusively vegetarian and served only and only vegetarian food,' the bench comprising president Pradeep Kadu and member Gauri Kapse said in the order on May 13.
The couple from Dadar had approached the Commission in the district in 2020, stating that while they had ordered a 'Steam Darjeeling Momo Combo' from the outlet Wow Momos, and had specified their preference for vegetarian food, they were served chicken momos. They had paid Rs 120 for the combo, which included an aerated beverage, and sought compensation for the 'mental trauma' and 'emotional distress', as their religious feelings were hurt, alleging negligence by the eatery.
Wow Momos denied the allegations and said the couple had ordered a non-vegetarian combo, as is evident from their order invoice. They were also given a refund, which they had accepted, and hence they do not fall under the definition of 'consumer' under the Consumer Protection Act, it was submitted on behalf of the firm.
The Commission said no evidence was produced to show that the couple had ordered vegetarian momos, and the photographs they submitted as evidence did not indicate what kind of momos were delivered.
'If non-veg order had been delivered to the complainants instead of veg order, then it ought to have contained only non-veg pieces. A prudent person would be able to distinguish between veg and non-veg food before consuming it… The complainants have produced a photo of the offer board which did not clearly indicate whether the Steam Darjeeling Momos were veg or non-veg,' the bench said.
'However, the board did mention 'veg-non-veg', at the bottom suggesting that the restaurant did provide some indication of the food type,' the commission stated, adding that the complainants should have been aware of the possibility that non-veg options were available.
The complainants also said that they were performing a puja and other religious ceremonies at the time, but the Commission stated that no proof was given to substantiate this claim, nor was the name of any pujari disclosed.