The Delhi High Court punishes restaurant organisations for their responses about service charges.
In a recent development, the Delhi High Court has imposed fines of Rs. 1 lakh each on the National Restaurant Association of India (NRAI) and the Federation of Hotels and Restaurant Associations of India (FHRAI). The fine was levied as a consequence of their failure to comply with a court order related to their challenge against guidelines prohibiting hotels and restaurants from imposing service charges on food bills.
The matter began when the Central Consumer Protection Authority (CCPA) eliminated the service charge, and the two restaurant associations filed petitions against this decision. In an order issued on April 12, Justice Prathiba M. Singh directed the NRAI and FHRAI to disclose a complete list of their members supporting the petitions.
Additionally, the court required them to specify the percentage of their members who imposed mandatory service charges and those who allowed customers to pay a voluntary service charge. Moreover, the associations were asked if they objected to using alternative terms such as “staff welfare fund” instead of “service charge” to avoid consumer confusion regarding its nature.
However, the restaurant associations failed to comply with these directions, leading to the imposition of the fine. The court noted their “complete non-compliance” with the order and observed that the affidavits were filed without properly serving the centre, seemingly delaying the hearing process.
The court’s order on July 24 emphasised that the petitioners were given one last opportunity to file the required affidavits properly within four days. Failure to do so would result in payment of the Rs. 1 lakh fine in each of the petitions. The case is scheduled for its next hearing on September 5.
The contentious issue of service charges has been a longstanding debate between the government, consumer groups, and the restaurant industry. While consumer groups argue that service charges are illegal, the restaurant lobby maintains that they are a common practice in the hospitality sector.
On July 4, 2022, the Consumer Complaints Protection Authority (CCPA) took a decisive step to safeguard consumers’ rights by issuing a notification that explicitly prohibited restaurants from automatically adding service charges to food bills. The move aimed to protect consumers from compulsory additional charges and to ensure transparency in billing practices within the hospitality industry. However, the matter quickly escalated as restaurant associations, namely the National Restaurant Association of India (NRAI) and the Federation of Hotel and Restaurant Associations of India (FHRAI), filed petitions contesting the CCPA’s order.
The situation reached a turning point on July 20, 2022, when the Delhi High Court intervened and stayed the CCPA’s order in response to the petitions from NRAI and FHRAI. The court’s decision raised concerns about the implications for consumer protection and the role of the CCPA in setting guidelines for businesses.
The CCPA, in response to the court’s stay order, strongly contested the decision, asserting that the single-judge bench of Justice Yashwant Varma had acted hastily and deprived them of a sufficient opportunity to present their stance. The legal tussle between the CCPA and the restaurant associations highlighted the complexities surrounding service charges and the need for clear regulations to protect consumers’ rights.
At the heart of the controversy is the importance of consumer protection and the necessity for transparent billing practices in the hospitality industry. Service charges have long been a subject of debate, and the court’s intervention reflects its commitment to upholding the principles of transparency and fairness in the treatment of consumers.
As the case continues to unfold, the court’s scrutiny of the restaurant associations’ compliance and their stance on alternative terms for service charges will likely shed more light on the issue. The upcoming hearing scheduled for September 5 is poised to be a crucial stage in determining the future course of action concerning service charges in the hospitality sector.
The Delhi High Court’s decision to impose fines on NRAI and FHRAI underscores the significance of adhering to court orders and the need for transparent practices in the hospitality industry. It also signals the court’s firm stance on promoting compliance with consumer protection regulations. This ongoing debate over service charges remains a matter of public interest, as it involves the rights of consumers and the obligations of businesses in the country.
The court’s efforts to encourage compliance through fines and the solicitation of affidavits will shape the future trajectory of service charges and consumer protection in India. With the hospitality industry being a crucial sector for economic growth and employment, ensuring fair practices and protecting consumers’ rights becomes all the more essential.
In conclusion, the Delhi High Court’s involvement in the service charges controversy has brought attention to the significance of consumer protection in the hospitality industry. The legal battle between the CCPA and restaurant associations highlights the complexity of the issue and underscores the need for clear guidelines and regulations.
The court’s commitment to transparency and fairness in consumer treatment is evident in its actions, and the upcoming hearing will be pivotal in shaping the future of service charges and consumer rights in India. As the case continues, stakeholders in the hospitality industry and consumers alike eagerly await a resolution that balances the interests of both parties and ensures a fair and transparent billing system.