CCPA imposes ₹1 lakh penalty on Shangri-La Eros for levying service charge on restaurant bills
- Case
- CCPA v. Shangri-La Eros
- Statutes
- Consumer Protection Act, 2019 — s.2(47)
- Source
- Bar & Bench
The Central Consumer Protection Authority (CCPA) imposed a ₹1 lakh penalty on Shangri-La Eros for levying a service charge on restaurant bills, holding it an unfair trade practice and violation of consumer rights. The CCPA cited Section 2(47) of the Consumer Protection Act, 2019.
Ratio Decidendi · Legal Principle Established
Levying a service charge on restaurant bills without the express consent of the consumer constitutes an unfair trade practice and a violation of consumer rights under the Consumer Protection Act, 2019.
Practice & Procedural Impact for Advocates
Advocates should advise clients in the hospitality sector to cease automatic service charge imposition. Litigants can file complaints with the CCPA or consumer commissions for recovery of illegally levied service charges and penalties. Consumers are not obligated to pay service charges unless explicitly agreed upon.
Key Legal Takeaways
- 1Service charges cannot be automatically levied on restaurant bills.
- 2Consumers have the right to refuse payment of service charges.
- 3Levying service charges without consent is an unfair trade practice under the Consumer Protection Act, 2019.