Eatery in Chandigarh told to pay Rs 2.5K for levying service charge

Ramkrishan Upadhyay

Tribune news service

Chandigarh, July 5

Levying service charge without the consent of the customer has cost dear to a city-based restaurant, The GT Road, Sector 26. The District Consumer Disputes Redressal Forum has directed the restaurant to refund Rs60 as service charge to the consumer and also imposed a penalty of Rs2500 for causing him mental harassment.

The forum directed the restaurant to pay the amount within 45 days from the date of receipt of its certified copy, failing which the aforesaid awarded amounts shall carry interest @ 9 per cent per annum from the date of the order till its actual payment.

In his complaint before the forum, advocate Vikas Gupta said on July 19, 2019, he, along with his guests, decided to go for a lunch at The GT Road, Sector 26, Chandigarh. After lunch, the restaurant raised the bill for Rs2,579 following which he paid the bill in cash. He then left the restaurant in a hurry without checking the bill. It was only after reaching home, he realised that the restaurant had added 2.5 per cent service charge, which came out to be Rs59.90 on the total bill amount, without his consent.

He said later, he requested the restaurant to remove the service charge from the bill as it could not be imposed without the customer’s consent, but they refused to do so.

It was averred that service charges were not applicable in Chandigarh and other parts of India and thus, the management was violating the guidelines/rules issued by the Government of India.

The order cited the direction issued by the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), which clearly revealed that the bill presented to customers might clearly display that the service charge column of the bill might be left blank for the customer to fill up before making the payment.

The order further said despite due notices, the opposite parties did not care to contest the case and, as such, it could be concluded that either they admitted the claim of the complainant or had nothing to say in the matter. Hence, the opposite parties have committed unfair trade practice by charging service charges without the consent/approval of the complainant in the invoice.

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