1. Have you been asked to pay service charges at restaurants? Here is what Narendra Modi government wants you to do

Have you been asked to pay service charges at restaurants? Here is what Narendra Modi government wants you to do

Service charges: The Department of consumers affairs has advised customers to move the consumer courts if eateries take services charges from them.

By: | Updated: July 9, 2017 11:52 AM
 service charge, consumer court, Department of consumers affairs, narendra modi, modi government, restaurants, eateries, “Service charges are something like a tip which is voluntary on the part of the consumer,” according to Avinash K Shrivastava, Secretary, Department of consumers affairs.

Service charges: The Department of consumers affairs has advised customers to move the consumer courts if eateries take services charges from them. According to a report in Hindustan Times, Department of consumers affairs has reiterated that the service charges being charged from the diners by the eateries is an illegal act and consumers should move court against the erring restaurants and hotels if slapped service charges. Issuing guidelines in the month of April, the department of consumer affairs had prohibited the eateries from charging service charges. However, the department said the service charges should be left to the discretion of the consumers.

“Service charges are something like a tip which is voluntary on the part of the consumer,” according to Avinash K Shrivastava, Secretary, Department of consumers affairs, as per a report in Hindustan Times. “Guidelines were issued in this regard in April. The consumers should move a consumer court if they find a violation,” he added in the report.

In April this year, the government had approved new guidelines giving consumers the right to decide service charge they wish to voluntarily pay on a hotel or restaurant bill. The guidelines, which have made service charge totally voluntary and not mandatory, will be sent to states for necessary action, Food and Consumer Affairs Minister Ram Vilas Paswan had said. “Hotels and restaurants should not decide how much service charge is to be paid by the customer and it should be left to the discretion of the customer,” he added.

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    Chandan
    Aug 18, 2017 at 10:37 pm
    Government ministers eats up a lot of money inbetween such issues, That's why they never give clear cut actions in such cases. And as per the hotel and restaurant association.. if a guest is unhappy with the service or food given to then, then they can ask to get rid of service charge.. which is completely true. But other guests make use of such news and even if everything went good they say it's illegal to charge services. Cos you all don't know how much efforts a server puts in to make your experience memorable... or else just go and eat in a dhaba where there is no service charge...
    Reply
    1. Shankar Nath Shyamal
      Jul 12, 2017 at 9:04 am
      Correct decision
      Reply
      1. Bujji Babu Kalpamanu
        Jul 10, 2017 at 4:31 pm
        I Can't understand why the. Govt is asking the consumer to move to the court , if any restaurant is charging the service tax? Why Can't the Govt at the centre issue strict instructions to the restaurants not to collect the service taxes from the consumers?if the Govt.is not dare enough to do so, it is better to govt to request the court to frame such laws as when demanded to safe guard the Democratic rights of the common people. All the time the Govt has formulated certain laws with some ulterior mode and such laws have not served the purpose for which it has been made. So it is better to govt .to endorse to the courts to frame certain laws as when demanded the purpose of public. As a matter of fact the Hon'ble Courtwill not have any motives while framing the laws. Now a days most of the Law Makers in the govt. are becoming Law breakers and the Govt has become a spectator on this aspect.For betterment of the country future the court should frame the laws instead of law breakers.
        Reply
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          Ankur
          Jul 13, 2017 at 6:23 pm
          There is a difference between Service Tax and Service Charge. Service Tax is the amount that goes to the government. Service charge is the tip that goes to the restaurants/hotels etc. Giving tip is customers choice and government has no role in that. However, if you are forced to pay it, then you can file a complaint in consumer forum. You don't have to hire a lawyer for that as well. You can fight your own case.
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          Rusi Patel
          Jul 10, 2017 at 12:11 pm
          Why can't these coward ruling ministers convert it into law that no service charge in hotels. Why are they leaving it on consumers instead? If so then leave all law, tax making to consumers! Do they want to be a Narad Muni? SHAME YOU GAME PLAYERS.
          Reply
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            Ankur
            Jul 13, 2017 at 6:28 pm
            There is a difference between Service Tax and Service Charge. Service Tax is the amount that goes to the government. Service charge is the tip that goes to the restaurants/hotels etc. Giving tip is customers choice and government has no role in that. However, if you are forced to pay it, then you can file a complaint in consumer forum. You don't have to hire a lawyer for that as well. You can fight your own case.
            Reply
          2. S
            Srinivas
            Jul 10, 2017 at 11:17 am
            Great move by the govt. What is also important is that the tip will now directly go to the waiter, not the management.
            Reply
            1. S
              Srinivas
              Jul 10, 2017 at 11:19 am
              Having a to report such restaurants will be more effective.
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              Pappu
              Jul 10, 2017 at 8:48 am
              GST has been implemented since 1st July 2017, yet the prices of biscuits, milk, etc that are to be anti ted cheaper aren't reduced yet. Was the GST a mere SPEECHISM (BHASHANBHAJI )...Further the prices of essential medicine like BP, sugar, etc have been increasing by 10 to 15 every year. .....and the government says buy generic medicine. ..but MD, MBBS express doubt over the reliability of generic medicines and never prescribe them...Is there underhand dealing of the government with the pharmaceutical companies. ..or of doctors with the the pharmacist? ....Media persons probe into this matter seriously and bring to light the truth of this matter
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                Ankur
                Jul 13, 2017 at 6:24 pm
                A private doctor seldomly prescribes a generic medicine as he won't get any commission out of it.
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              2. R
                Raaj
                Jul 9, 2017 at 11:51 pm
                I have seen what happens on the consumer court and heard news about people's issues being resolved. But wait. It surely is resolved but after 5-10 years when your case reaches the court. Buddha hoga insaan ya mar jayega tab tak. Fir case leke karoge kya? Mujra
                Reply
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                  Ankur
                  Jul 13, 2017 at 6:25 pm
                  I am sure you have never been to a consumer court. It doesn't takes that long for any decision. I have seen how quickly the decisions are taken. However it depends on if you have enough evidences to support your case or not.
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                  Raaj
                  Jul 9, 2017 at 11:50 pm
                  Move to court and do what? Wait for 10years for this issue of one service charge to get resolved? no thanks ill pay the service charge and move on. Atleast in a country like India where cases are pending in crores i dont even bother doing something like this. Bring up a complaint number for us indians and let us call the helpline to reach out. Are we going to waste our time, our money for the lawyers, going and coming to the court for a 20-30rs service charge? dian laws are insane
                  Reply
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                    Ankur
                    Jul 13, 2017 at 6:27 pm
                    If you don't know about something, don't speak and let others know how big an you are. Consumer courts are different from session/district/high courts etc. You don't necessarily require a lawyer to fight your case as well.
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                      Makarand
                      Oct 4, 2017 at 1:33 pm
                      Ankur dude i appreciate your efforts to make people understand about the situation, and that's the way how indian (Raaj like people) got an impression of our law, they don't want to support or take the responsibility, just they want to sit back home and curse the situation, at least be mature, i stand for our government, against the nuisance created in society whether it's a tax related or swaach bhart abhiyaan related. indeed it is a great move.
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