Swiggy Instamart — Complaint Regarding Unfair Trade Practice 100% Penalty Charged for Order Cancellation by Swiggy Instamart

Website: Sweggi instamart app

I would like to lodge a formal complaint under the Consumer Protection Act, 2019 against Swiggy Instamart for engaging in an unfair trade practice and imposing an unreasonable 100% cancellation penalty on my grocery order.

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Incident Details:

Today, I placed an order on Swiggy Instamart that included cow milk and haldi. After confirming the order, I noticed that an unknown item (marked as a “free gift”) had been added automatically to my cart without my consent or knowledge.

I immediately contacted Swiggy’s customer support via chat and requested that the unwanted “free gift” item be removed. The support agent refused, stating that the order could not be modified. I then asked to cancel the order. To my shock, the agent informed me that cancelling the order would result in a 100% penalty and zero refund.

This means I would lose ₹250 for an order that was not even dispatched — a clear case o[censored]nfair business conduct and coercive digital trade practice.

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Grounds of Complaint (Legal Points):
1. Unfair Trade Practice – Section 2(47), Consumer Protection Act 2019
The practice of auto-adding items to a customer’s cart and then imposing a 100% penalty for cancellation constitutes an unfair trade practice. The consumer is deprived of free choice and subjected to an unfair or deceptive business tactic.
2. Right to Information – Section 2(9)(ii)
As a consumer, I have the right to be informed about the final price and components of goods/services, including all terms and conditions, before purchase. Adding hidden or unsolicited items violates this right.
3. Right to Protection Against Unfair Trade Practices – Section 2(9)(i)
Imposing a total forfeiture of payment (100% penalty) without actual loss to the service provider is arbitrary, exploitative, and unethical.
4. Central Consumer Protection Authority (CCPA) Guidelines for E-Commerce, 2020 – Rule 6(3)
E-commerce platforms are explicitly prohibited from manipulating consumer choice, automatically adding items, or imposing cancellation penalties that are disproportionate to the actual cost incurred.
5. Violation of Natural Justice and Reasonableness under Contract Law
A clause that results in total forfeiture of consumer money despite no goods being delivered is unconscionable and contrary to Section 74 of the Indian Contract Act, 1872, which allows only reasonable compensation for actual loss.

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Relief Sought:
1. Direct Swiggy Instamart to refund the full order amount (₹250).
2. Instruct the company to remove or amend its 100% cancellation penalty policy, which is deceptive and violative of consumer rights.
3. Impose a warning or penalty on the company for adopting unfair digital business practices.
4. Ensure appropriate guidelines for grocery delivery platforms to prevent recurrence of such consumer exploitation.
I am submitting this complaint in the interest of consumer protection and to prevent others from being subjected to similar unfair treatment.

Sincerely,
un satisfied customer