PRATHIBA M. SINGH
National Restaurant Association of India – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Prathiba M. Singh, J.
This hearing has been done through hybrid mode.
2. Both these matters have been taken up for hearing. The Petitioners in the present petitions are Associations of hotel and restaurant owners. It is claimed that more than 5 lakh establishments are represented by the Petitioners.
3. The challenge in these writ petitions is to the guidelines dated 4th July, 2022 issued by the Central Consumer Protection Authority (hereinafter ‘CCPA’) and the consequential communication issued on 6th July, 2022 to all the District Collectors for enforcing the guidelines of 4th July, 2022.
4. By the impugned guidelines, which are purportedly issued under Section 18(2)(l) of the Consumer Protection Act, 2019 (hereinafter ‘the Act’) the authority has taken a position that the levying of service charge by restaurants and hotels has been complained against by several consumers. Thus, the authority records that while restaurants and hotels can collect a tip which is voluntarily paid by the consumers, the same ought not to be incorporated into the bill in a manner so as to make the payment compulsory by the consumer. The guidelines, therefore, directed restaurants and hotels as und
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.