Can we ask a restaurant to remove the service charge? I think it’s legal.

[Kalyanieagle797]

K

Kalyanieagle797
PARTICIPANT
May 3, 2025 at 5:20 pm

Some restaurants add a service charge to the bill, but I’ve read that it’s not mandatory. Can we actually ask them to remove it? I think we have the legal right to do so, but I’m not completely sure. Has anyone tried this, and did the restaurant agree?

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[Wiselavanya9922]

W

Wiselavanya9922
PARTICIPANT
May 3, 2025 at 5:31 pm

NAL. Yes you can ask the restaurant to remove the service charge. I have done it several times myself.

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[Proira7228]

P

Proira7228
PARTICIPANT
May 3, 2025 at 5:57 pm

NAL but I ask them to remove it everytime and then give a percentage of it to the waiter as tip based on how the service was.

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[Quickfalcon6176]

Q

Quickfalcon6176
PARTICIPANT
May 3, 2025 at 7:36 pm

One restaurant in my city refused to remove the service charge since I was paying through Swiggy Dineout. They even said that it’s a policy. I told them to show it but they kept saying I have to pay. 😔
I tried fighting for some more time but no use, those guys wouldn’t budge. I ended up paying the service charge.
Could anybody suggest what I could do in such a case ? Also where/whom to complain about them for immediate support ?

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[Mightysana5089]

M

Mightysana5089
PARTICIPANT
May 3, 2025 at 9:49 pm

The Delhi High Court has put an end to this practice! In the Judgment delivered in National Restaurant Association of India & Ors vs. Union of India & Anr on 28th March 2025, the key takeaways are as follows:

1. Service Charge is Voluntary, Not Mandatory – No restaurant can force you to pay it.
2. Unfair Trade Practice – Adding a service charge without consent is deceptive and illegal.
3. Misleading Terminology – The term “Service Charge” often misled consumers into thinking it was a government-imposed tax (like GST). The court has called for clearer labels like “Staff Contribution” or “Voluntary Tip.”
4. CCPA Empowered to Enforce – Restaurants violating the rules can now face strict action.

What If a Restaurant Still Forces You to Pay Service Charge?
If a restaurant insists on adding a mandatory service charge, here’s what you can do:
Step 1: Politely Refuse and Inform the staff that you are aware of the Delhi HC ruling and refuse to pay the service charge. If they insist, ask them to provide written confirmation that it is mandatory.

Step 2: Pay Only the Bill Amount (Minus Service Charge). Insist on paying only for food & taxes. If they refuse to accept the payment, record the conversation (politely) as evidence.

Step 3: Lodge a Complaint. You can file a complaint with:
1. National Consumer Helpline (NCH) – Call 1915 or WhatsApp 8800001915
2. CCPA Email – Write to consumerhelpline.gov.in
3. Approach Consumer Court – If the restaurant refuses to comply, file a complaint under the Consumer Protection Act, 2019.

Step 4: Post reviews about the Restaurant Publicly – Leave reviews on Google, Zomato, and Swiggy. Negative publicity often forces restaurants to change their policies.

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