Hotels, restaurants cannot force consumers to pay service charges: FCS&CA

People asked to report such violations on NCH

Irfan Tramboo

Srinagar, July 16: The FCS&CA has issued guidelines for the prevention of unfair trade practices and protection of the interests of the consumers concerning the levy of service charges in hotels and restaurants across the Kashmir division, stating that the consumers can pay for the service charges as per their will.
As per the directives that have been issued, levying service charges charged by the restaurants and hotels across the Kashmir Division is “totally voluntary and optional,” while it has been underlined the consumers cannot be forced to pay the same.
“No hotel or restaurant shall force a consumer to pay a service charge in addition to the total price of the food items mentioned in the menu and applicable taxes or in the guise of some other fee or charge and shall inform the consumer that the service charge is voluntary, optional and at consumer’s discretion,” FCS&CA said.
It said that no hotel or restaurant shall add a service charge automatically or by default to the bill.  “No restriction on entry or provision of services based on the collection of service charge shall be imposed on consumers.”
The guidelines have been issued to ensure strict implementation of the guidelines issued on the subject by the Central Consumer Protection Authority, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs and to prevent unfair trade practices and protect consumer interest concerning levying of service charges charged by hotels and restaurants in Kashmir Division
As per the directives, the service charge shall not be collected by adding it along with the food bill and levying GST on the total amount.
“The guidelines shall be in addition to and not in derogation of the guidelines dated. 21.04.2017 issued by the Department of Consumer Affairs.”
The FCS&CA said that if any consumer finds that a hotel or restaurant is levying a service charge in violation of the above-mentioned guidelines, they can request the concerned hotel or restaurant to remove the service charge from the bill amount.
As per the directives, the consumers can complain to the National Consumer Helpline (NCH) by calling 1915 or through the NCH mobile app. “…Submit a complaint against unfair trade practice with the consumer Commission. The complaint can also be filed electronically through www.edaakhil.nic.in for its speedy and effective redressal.”
Also, the FCS&CA said that the consumers can submit a complaint to the District Collector of the concerned District for investigation and subsequent proceedings by CCPA or can be sent to CCPA directly by e-mail at com-ccpa@nic.in. “The guidelines have been issued in the public interest and shall have an immediate effect.”