Delhi Consumer Commission: Swiggy can't claim safe harbor over Dineout pricing

Delhi's consumer commission ruled on September 21, 2026 that Swiggy and restaurant Themis Barbeque House are jointly liable for a misleading "cost for two" figure on Swiggy Dineout. Swiggy cannot invoke Section 79 of the IT Act because it failed to show due diligence.

• Dineout listed Rs 1,500 for two, but the final bill was Rs 1,050–1,100 per person
• The commission said the figure was displayed "mischievously" without an estimate disclaimer
• Swiggy's Section 79 safe harbor defense was rejected by the commission
• The restaurant did not appear and was proceeded against ex parte from February 7, 2025