Consumer Court imposed a fine of Rs.1500 on Restaurant for Overcharging and Service Fee:

Consumer Court imposed a fine of Rs.1500 on Restaurant for Overcharging and Service Fee

The District Consumer Disputes Redressal Commission fined the well-known Marco Polo Restaurant Rs.1,500 on Monday.

Restaurant fined for Overcharging and Service Fee

authorReetudateApr 4, 2024
Last update on Apr 4, 2024
Consumer Court imposed a fine of Rs.1500 on Restaurant for Overcharging and Service Fee The District Consumer Disputes Redressal Commission fined the well-known Marco Polo Restaurant Rs.1,500 on Monday. According to a report, the court fined Marco Polo because it charged more than the Maximum Retail Price (MRP) for a bottle of beer and a water bottle. In addition to overcharging for booze and water, the restaurant added a service charge to the bill, which the consumer court considered as well. Nilanjana Chakraborty, a customer, visited this popular eatery on Kolkata's Park Street and was overcharged for beer and water. Ms. Chakraborty filed the case on August 25, 2021, under Section 35 of the 2019 Consumer Protection Act. The dispute originated from Ms. Chakraborty's dining experience at Marco Polo Restaurant on February 26, 2021. Ms. Chakraborty claimed that she went to the restaurant with her relatives and was astonished to notice exaggerated costs on the bill. While filing the complaint, the woman also mentioned that the establishment not only charged 5% GST but also added a 10% service charge to the total amount. In her complaint, Nilanjana stated that she requested to talk with the manager but the staff member refused. Following the complaint concerning overcharging, the restaurant denied all such claims. However, it was eventually discovered that Marco Polo charged service charges during the COVID-19 pandemic. The Member President Sukla Sengupta and Reyazuddin Khan delivering the judgment stated, “According to the content of the complaint petition, on February 26, 2021, the complainant went to the OP restaurant with her relatives for dinner and enjoyed valuable time with amazing food. After dinner, they requested the bill, which was submitted by an employee of the OP restaurant, from which the complainant discovered that the OP demanded Rs.30 for a packaged drinking bottle and Rs.260 for a Kingfisher (S) 650 ml hard drink, both of which are significantly higher than the maximum retail price. In addition to the 5% GST, the OP eatery illegally levied a service charge of 10% of the total bill, which amounted to Rs.360.50." Ms. Chakraborty's complaint was deemed to be valid, and the Commission decided that Marco Polo Restaurant had engaged in unfair trade practices and poor service by overcharging its clients. The Commission directed the restaurant to refund Ms. Chakraborty the excess amount of Rs.651 within 45 days of the ruling. In addition, the restaurant was ordered to pay Ms. Chakraborty Rs.1,000 in compensation, along with litigation costs of Rs.500. "The conduct of the employee of the OP restaurant amounts to deficiency in service and being the owner of them, the OP restaurant has moral liability to refund the excess amount paid by the complainant and their conduct caused mental pain, agony, and harassment to the complainant for which the OP restaurant is liable to pay compensation to the complainant along with litigation cost," President Sengupta said.

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Reetu is a Content Writer with 4+ years of experience in GST, Income Tax, Finance, Company Law, Education and Career Related Content. She is a B.COM (Honrs.) Graduate.
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