R. Suresh Vs Eternal Limited (Formerly Zomato Limited) (Competition Commission of India)
The present Information was filed by Shri R. Suresh under Section 19(1)(a) of the Competition Act, 2002 against Eternal Limited (formerly Zomato Limited), alleging contravention of Sections 3 and 4 of the Act. The Informant stated that he ordered “Ghee Pongal” from Sree Ariya Bhavan through the Zomato platform on 13.04.2026 and paid INR 198, comprising a base food value of INR 123.50, delivery partner fee of INR 43, platform fee of INR 14.90, and GST of INR 16.60. The Informant later purchased the same item directly from the restaurant for INR 105 inclusive of GST and alleged that restaurants inflate prices on the platform because Zomato deducts approximately 33% commission and requires expenditure on advertisements and promotional visibility.
The Informant alleged that, despite already recovering commissions from restaurants and delivery charges from consumers, the Opposite Party imposed an additional platform fee without any separately identifiable value-added service. It was further alleged that the platform fee, introduced around August 2023 at approximately INR 2 per order, had increased to INR 14.90 per order within less than three years without transparent justification. According to the Information, the Opposite Party abused its dominant position in the market for online food delivery platform services in India through excessive commissions, unfair pricing practices, layered pricing, drip pricing, and exploitative commercial arrangements affecting consumers and restaurant partners.
