Why Did the CCPA Fine 27 Restaurants for Mandatory Service Charges?
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Key Takeaways
New Delhi, Jan 10 (NationPress) The Central Consumer Protection Authority (CCPA) has taken decisive action against 27 restaurants across India for infringing upon consumer rights by mandatorily enforcing service charges on food bills, as announced by the government on Saturday.
Investigations revealed that numerous restaurants were automatically adding a 10 percent service charge without consent.
This includes establishments like Cafe Blue Bottle in Patna and China Gate Restaurant Private Limited, which operates Bora Bora in Mumbai.
The authority highlighted that these actions were in direct violation of the law and the CCPA's guidelines, constituting unfair trade practices under the Consumer Protection Act, 2019.
In the case of Cafe Blue Bottle, the CCPA mandated the restaurant to refund the entire service charge to customers, cease the practice immediately, and pay a fine of Rs 30,000.
For China Gate Restaurant Private Limited in Mumbai, the restaurant refunded the service charge during the hearing. Nevertheless, the CCPA imposed a fine of Rs 50,000 and ordered the restaurant to modify its billing system to prevent automatic additions of service charges. Additionally, the restaurant was instructed to maintain an active official email ID for consumer grievance resolution, as required by law, according to an official statement.
This enforcement follows a recent ruling by the Delhi High Court on March 28, 2025, which upheld the CCPA's guidelines concerning service charges.
The court explicitly stated that restaurants are prohibited from compulsorily collecting service charges and must adhere strictly to the guidelines set forth by the consumer watchdog. It also confirmed the CCPA's full authority to enforce these regulations.
As per the CCPA guidelines issued in July 2022, restaurants are not allowed to add a service charge to the bill automatically, cannot collect it under any alternative name, and cannot coerce customers into paying it.
Consumers must be informed that paying a service charge is entirely voluntary. Restaurants are also prohibited from denying service or restricting entry if a customer opts not to pay the charge. Furthermore, service charges cannot be included in the bill and subsequently taxed with GST.
This action was instigated by complaints received on the National Consumer Helpline, backed by evidence of automatic service charge additions in bills. The CCPA confirmed that such practices are classified as unfair trade practices.