Central Kolkata District Commission Holds Marco-Polo Restaurant Liable For Charging Over MRP And Levying Service Charge

Brief Facts:

The Complainant visited the Marco-Polo Restaurant with relatives for dinner. Upon arrival, they ordered starters and packaged water, followed by main courses and various drinks, including a branded 650 ml Kingfisher (S). Upon receiving the bill, the Complainant was shocked to find overcharges on the water and Kingfisher which exceeded the MRP. Additionally, 5% GST and 10% service charges were applied by the restaurant. The Complainant raised objections. However, the restaurant staff was not amenable to his requests. Left with no choice, the Complainant settled Rs. 4,112/- bill in cash and left the restaurant. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-II, Central Kolkata (“District Commission”).

In response, the restaurant argued that the complaint was misconceived and false. The restaurant admitted that the Complainant visited for dinner with her relatives but contested the authenticity of the photocopy of the bill. It emphasized the six-month delay in filing the complaint. Additionally, it pointed out the absence of the restaurant's name on the bill and the lack of evidence regarding the specific items consumed or who paid the bill.

Observations by the District Commission:

The District Commission noted that the restaurant charged Rs. 30/- for a packaged drinking bottle and Rs. 260/- for the 650 ml Kingfisher (S), both exceeding the MRP. Additionally, a 5% GST charge and a 10% service charge, totalling Rs. 360.50/-, were levied illegally by the restaurant. The District Commission held that the restaurant must serve food without additional service charges.

Further, the District Commission held that excess charges for the 10% service charge, packaged drinking water, and hard drinks amounting to Rs. 651/- in total was unjustifiable. It noted that when the Complainant requested to speak with the manager or owner regarding the inflated bill, her request was denied, and she was forced to pay the excessive amount of Rs. 4,112/-.

Therefore, the District Commission held that the behaviour of the restaurant's staff constituted a deficiency in service, as it failed to address the Complainant's concerns and charged unjustifiable fees. Consequently, the District Commission directed the restaurant to refund the amount of Rs. 651/-, i.e., the excess billing amount to the Complainant. It was also directed to pay compensation of Rs. 1,000/- to the Complainant along with Rs. 500/- for the litigation costs.

Case Title: Nilanjana Chakraborty vs Marco Polo Restaurant

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