Customer Care Phone Number

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If you’ve dined out recently, you might have noticed a frustrating line item at the bottom of your bill: Service Charge. Despite a flurry of government advisories and legal rulings declaring it optional, many restaurants—like the recently accused Little Italy in Juhu, Mumbai—continue to add it automatically, sometimes forcing customers to pay.

This leaves diners confused and angry. If the government says it’s illegal, why are restaurants still doing it? And more importantly, what should you do when you see it on your bill?

Here is a breakdown of the reasons behind this persistent practice and a step-by-step guide on how to handle it.

Part I: The Possible Reasons It’s Still Happening

Even after the Central Consumer Protection Authority (CCPA) clarified that service charges are voluntary, and despite the Delhi High Court upholding these guidelines in March 2025, the practice persists. Here’s why:

1. Slow Implementation and Outdated Systems

Many restaurants, especially established chains and mid-to-upscale standalone outlets like Little Italy, operate on legacy billing software. Changing these systems to remove an automatic charge requires time, investment, and IT intervention. In many cases, the default setting in the machine still adds the charge, and staff are simply following what the computer prints.

2. The “Hope You Don’t Notice” Strategy

This is the most common reason. Restaurants are banking on consumer apathy. Statistics from early 2026 cited in consumer reports suggest that a majority of diners (around 59% in air-conditioned restaurants) still pay the charge without objection. They either don’t notice it, don’t understand it’s illegal, or don’t want to cause a “scene.” As long as money keeps flowing in without resistance, there is little financial incentive for the restaurant to change its behavior.

3. Poor Staff Training

Waitstaff are often not properly trained on the new regulations. They may be under instructions to simply present the bill as is. When a customer objects, the staff might claim it’s “company policy” or “mandatory” simply because they don’t know any better—or because they are told to say so to avoid losing revenue for the house.

4. Misinterpreting “Voluntary”

Some restaurateurs operate under the flawed logic that printing the charge on the bill and giving the customer a chance to object makes it “voluntary.” However, the law is clear: it cannot be added automatically. Consent must be explicitly sought before the charge is applied, not assumed.

Part II: What a Person Should Do

If you are presented with a bill that includes a service charge, remember that the law is firmly on your side. The Consumer Protection Act, 2019, classifies this as an “unfair trade practice.” Here is your action plan:

Step 1: Refuse It Politely at the Table

When you receive the bill, calmly point to the service charge line.

• Say this: “I would like this service charge removed. I understand that it is voluntary and not mandatory as per CCPA guidelines.”
• The Outcome: In most cases today, the manager will remove it to avoid an argument or a scene, especially given the high public awareness. Pay the rest of the bill and leave.

Step 2: If They Refuse, Insist and Warn

If the staff or manager pushes back, claiming it is their policy, you can be firmer.

• Say this: “I am aware that the Delhi High Court has upheld the government’s ban on automatic service charges. Forcing me to pay this is an unfair trade practice. If you do not remove it, I will file a complaint with the National Consumer Helpline.”
• The Outcome: The mention of a formal complaint often works. If it doesn’t, do not get into a heated argument. You can pay the full amount to leave the premises peacefully, but keep the bill.

Step 3: Gather Your Evidence (Crucial)

Before you leave the restaurant, ensure you have proof of the transaction:

• Take a photo of the original bill clearly showing the service charge.
• Take a photo of the payment receipt.
• Take a photo of the menu** if it mentions a service charge policy.

Step 4: File a Complaint (The Fastest Way to Get a Refund)

You do not need a lawyer for this. The government has set up a very effective first-level redressal system.

• Call or WhatsApp the National Consumer Helpline (NCH): Dial 1915 or message 8800001915. This is a free helpline that acts as a mediator. They will contact the restaurant on your behalf.
• The Result: In countless recent cases (including against chains like Barbeque Nation and China Gate), the NCH has successfully mediated refunds. The restaurant, facing the prospect of an official investigation and potential penalties (up to ₹10 lakh or more), usually refunds the money quickly.

Step 5: Escalate if Necessary

If the NCH does not resolve the issue, or if you want to make a stronger statement, you can file a formal case online:

• Visit the e-Daakhil portal (edaaakhil.nic.in). This allows you to file a case in the Consumer Disputes Redressal Commission (Consumer Court) without physically visiting the court. For small amounts, these cases are processed quickly and with minimal fees.

The Bottom Line

Restaurants continue to add service charges out of habit, slow system updates, and the hope that you won’t fight back. The solution is simple: check your bill carefully every single time you eat out. By refusing to pay and filing a complaint, you aren’t just saving a few rupees—you are helping to force the entire industry to comply with the law.