SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Del) 704

PRATHIBA M. SINGH
National Restaurant Association of India – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
Dr. Lalit Bhasin, Ms. Nina Gupta, Ms. Ananya Marwah and Mr. Ajay Pratap Singh, Advocates (M: 9953947026).
Sh. Chetan Sharma ASG, Mr. Sandeep Mahapatra SPC, Mr. Kirtiman Singh CGSC with Mr. Amit Gupta, Mr. Saurabh Tripathi, Mr. Vikramaditya Singh, Ms. Vidhi Jain and Mr. Abhinav Bansal, Advocates for UOI (M: 9810045281).
Mr. Sameer Parekh, Mr. Sumit Goel.
Ms. Sonal Gupta, Ms. Swati Bhardwaj, Mr. Abhishek Thakral, Advocates. (M: 8077855788)
Sh. Chetan Sharma ASG, Mr. Sandeep Mahapatra SPC, Mr. Kirtiman Singh CGSC with Mr. Amit Gupta, Mr. Saurabh Tripathi, Mr. Vikramaditya Singh, Ms. Vidhi Jain and Mr. Abhinav Bansal, Advocates for UOI (M: 9810045281).
The Judgment of the Court was delivered by

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

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top