Recently, the  Delhi High Court prohibited the imposition of compulsory service charges  generally ranging from 5-20%  on a consumer’s pre-tax bill.

Restaurant Associations Challenge

• Alignment: This order aligns with Union and State government advisories that have historically underlined the voluntary nature of service charges, akin to a gratuity.
• Legal Challenge: Restaurant bodies have challenged this order, pushing for the continued imposition of service charges as compulsory.
  • This stance reflects a coercive approach, contradicting the principle of voluntarism behind tipping and gratuities.

Issues Associated with Service Charge

• Fairness: A “compulsory” gratuity violates the concept of fair play. The consumer, whether individual or collective, lacks bargaining power against organised restaurants.
  • The Delhi HC noted the absence of recourse when such charges are enforced unilaterally.
• Free Market and Competition: In a true free market, restaurants could choose whether or not to charge for services  and even use a “no service charge” policy to attract customers. 
  • However, the current legal challenge by restaurant associations risks undermining competition, suggesting cartelisation in the organised dining sector.
• Revenue Models: Restaurant associations claim that service charges support staff salaries through prior agreements and settlements.
• Salary Arrangements: However, salary arrangements should be tied to internal revenue projections, not external consumer burden.
• Incorporation of Costs: The solution lies in incorporating costs into menu prices, rather than enforcing a coercive gratuity.

Conclusion

The current stance of restaurant associations needs reconsideration. They must adopt a transparent, fair, and consumer-friendly pricing model, ensuring that wage obligations are met internally, not by externalising them through compulsory charges.

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