introduction & background
On 9th of March, 2021 one Hitesha Chandranee of Bangalore claimed that when she complained of her food delivery from Zomato getting delayed, she was assaulted by the delivery person (more particularly punched on the face).[1] The woman has posted a video of her bleeding nose online. While the woman herself was first booked by the police for assaulting the delivery guy. However, a day later the delivery boy – one Kamaraj was arrested and Zomato suspended him as per procedure. According to the delivery boy, the women assaulted him first and so he filed a complaint with the police following which a FIR was registered against the women.As per the woman, she filed a complaint with Zomato customer care asking them to either deliver the food for free or cancel the order. According to her while she was on the call, the delivery person just did this assault.Let’s take a look at these charges: Assault under section 355 Indian Penal Code (“IPC”)[2]
Using criminal force to a person with intent to cause dishonor without a sudden/grave provocation from the person so attacked can be punished for 2 years along with fine if he/she is found guilty of offence of assault under this section. However, this offence is bailable and requires a warrant for arrest. Moreover, it can be compounded under section 320 of Code of Criminal Procedure.[3]Insult under section 504 of IPC[4} Under this provision if a person insults, gives provocation to a person and knowing likely that it will cause to break public peace, then the person can be imprisoned for 2 years along with fine. The offence however is bailable and compoundable and would require a warrant to arrest. Criminal Intimidation under section 506 of IPC[5] If someone causes a threat of death or grievous hurt he/she can be punished for 2 years of imprisonment and fine. However, this offence is bailable, compoundable and would require warrant for arrest.
Conclusion
Since the investigation is currently going on, it won’t be appropriate to comment on the outcome since no one is sure of the facts and there are a lot of discrepancies in the factual matrix of various reports. Perhaps apps like Zomato should include clauses to fix liability on customers for misbehaving with the delivery people in the terms and conditions of service
[1] Manju Shettar, Zomato row after delivery boy Kamaraj filed FIR: Hitesha Chandranee flees Bengaluru, New Indian Express, (Mar. 15, 2021, 5:00 PM) https://www.newindianexpress.com/states/karnataka/2021/mar/17/zomato-row-after-deliveryboy-kamaraj-files-fir-hitesha-chandranee-flees-bengaluru-2277547.html.
[1] Manju Shettar, Zomato row after delivery boy Kamaraj filed FIR: Hitesha Chandranee flees Bengaluru, New Indian Express, (Mar. 15, 2021, 5:00 PM) https://www.newindianexpress.com/states/karnataka/2021/mar/17/zomato-row-after-deliveryboy-kamaraj-files-fir-hitesha-chandranee-flees-bengaluru-2277547.html.