An extra GST of ₹3 charged on biryani cost Swiggy and a restaurant dearly. Following a complaint, the Hyderabad District Consumer Disputes Redressal Commission-3 has ordered Swiggy to pay ₹2,000 in compensation and return ₹25 delivery charges as the delivery platform and Biryani House collected ₹3 more towards GST.
According to complainant K Murali Kumar Reddy, astudent and resident of Himayatnagar, ₹10 was collected in GST (as against ₹7) on a plate of biryani, originally priced at ₹200, but which cost ₹140 after using a coupon. The pe- tition was filed against Swiggy Bundl Technologies Private Limited and Biryani House, a restaurant in Musheerabad. The commission also ordered them to pay ₹1,000 towards costs of the complaint.
The complainant ordered chicken biryani from Biryani House through Swiggy on September 8, 2019.
“As per GST rules, the tax should be charged on the discounted price of ₹140 which comes to ₹7. As per the GST Act, a GST TIN number on every bill has to be generated. The opposite parties printed the GST TIN for only delivery charges and misled the consumer by taking extra tax,” Murali alleged.
Swiggy said: “We cannot be held liable for the wrong GST charging as the prices are decided by the merchants/restaurant. We are protected by the provisions of section 79 of the Information Technology Act, 2000.
The alleged invoice which is attached by the complainant as annexure is not an invoice but merely an acknowledgement/order summary. Biryani House said: “We deliver food to Swiggy at agreed price. The alleged tax collected is purely a business affair of Swiggy.”
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