Legal Question in Consumer Law in India

sir last Sunday i went restaurant with out A.C. In Their Bill Amount They Take Extra Amount called service charge. I ask them them they replied it is for our Waiter And Mention Our Menu Card you have to paid it. I think it is illegal and against the consumer. And also in rounding off .50 paise take higher side and take 1 rs.

I think Both are illegal charge One is Against Consumer as service charge taken and other is unfair Trade Practice.

so What Action will take against this restaurant?

please guide me as soon as possible so take proper action against this restaurant.


Asked on 10/26/15, 7:04 am

2 Answers from Attorneys
Vivek Mapara Vivek N. Mapara

If such charge is already mentioned in Menu, then you have to pay for it. It is not illegal at all. Restaurant can charge for waiters and attended service additional to the food items. In US, UK, and all other countries too it is the same system. If it is mentioned then there is no illegality. It is private restaurant and they can have their own charges, if you do not agree, then you do not have to go there. However, if such charges are not mentioned in menu then you can say that it is illegal and you can certainly claim back that charges.

Regarding rounding off, it is standard practice normally. You do not expect to fight case for refund of 50 ps.

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Answered on 10/26/15, 12:16 pm
prasad patil

dear client if u feel that restaurant charges u extra money then send legal notice through lawyer and ask them to return extra amount with compensation for mental torture. if restaurant will not pay the extra amount with compensation then file case in consumer court. for any legal help call me

Adv prasad patil

9604349028

8446247807

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Answered on 10/26/15, 10:04 pm


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