Nowadays, eating out has become not only a necessity but also a hobby. Be it a dinner with family, a party with friends or an office meeting, people often go to restaurants, but many times after a delicious meal, when the bill comes, there is GST as well as service charge attached to it. This service charge sometimes ranges from 5 percent to 10 percent or more, due to which the total bill increases significantly. Often customers make payment thinking that maybe it is necessary to pay, but now it is not so. The law clearly says that a restaurant cannot forcibly charge any customer a service charge.

What is the new rule?

Delhi High Court has made it clear that restaurants cannot make service charge mandatory. It will entirely depend on the wish of the customer whether he wants to pay the service charge or not, the court has considered the guidelines of the Central Consumer Protection Authority (CCPA) correct. It is clearly stated in these guidelines that service charge cannot be automatically added to the bill. It is wrong to call service charge essential or necessary. No additional charges can be forcibly imposed on the customer. Apart from this, the Ministry of Consumer Affairs, Food & Public Distribution has also made it clear that forcibly collecting service charges is a violation of consumer laws.

Can the restaurant be fined?

If a restaurant violates the rules and forcibly charges service charges, action can be taken against it. In such cases, a fine of up to Rs 50,000 can be imposed. If necessary, other legal steps can also be taken.

What to do if service charge is forcibly added to the bill?

If a restaurant has automatically added service charge to your bill, you can ask for correction in the bill. You can clearly say that you do not want to pay service charge. Retain the right to remove additional charges. If despite this the restaurant still tries to take money, you can complain about it.

Where and how to complain?

You can lodge a complaint on the National Consumer Helpline. You can file a case in the Consumer Commission (Consumer Court). Complaint can also be filed through online portal. While making a complaint, keep a copy of the bill and proof of payment.

Also read – How much is the fine if you travel in the luggage coach of a train? Know the rules before making a mistake