The counsel for one of the customer also argued in the forum that such a charge is nowhere mentioned in the menu or anywhere in the restaurant and this act and conduct of the restaurant amounts to unfair trade practice. (Representational Image)

For charging Rs 5 for packing of food from two customers, the Consumer Forum of Panchkula has directed Hot Millions restaurant of Sector 9 to pay Rs 2,500 each to them.

In the first case, Heman Aggarwal of Modern Housing Complex (MHC), Manimajra, stated that he went to Hot Millions restaurant in Sector 9, Panchkula, on March 30, 2018, and ordered four takeaway dishes for dinner, for which he paid Rs 1,008. However, Aggarwal was shocked to notice Rs 5 had been taken as packing charges by the restaurant. Therefore, Aggarwal filed a formal complaint against the restaurant on February 4, 2019.

Aggarwal contended in the forum that a restaurant does not charge for the utensils when the food is served in the restaurant and thus, it cannot charge for the packing if the order is takeaway, as service cost and packing cost is deemed to be included in the menu price mentioned as MRP. As food cannot be served without utensils, it cannot be taken away without packing.

In a similar case, Anu Beri of Sector 16, Panchkula, alleged that on May 20, 2018, she ordered four takeaway dishes for lunch and for which she paid an amount of Rs 1,013. After making the payment, she noticed a charge of Rs 10 with the title “PK” two units and upon asking the cashier, he told that he has levied the packing charges as the order is takeaway order.

The counsel for Anu Beri also argued in the forum that such a charge is nowhere mentioned in the menu or anywhere in the restaurant and this act and conduct of the restaurant amounts to unfair trade practice.

In the forum, the counsel for Hot Millions submitted that the complainants were charged for the ‘packing’ which is legal. Restaurant can charge for extra services offered to their customers whereas the complainants voluntarily paid the said amount and did not raise any objection on the spot.

After hearing the arguments, the forum referred to two cases decided by the UT Chandigarh State Commission titled “Pankaj Chandgothia vs Lifestyle” and “Pankaj Chandgothia vs Dominos” , where the commission had said that the retailer has used the packing/carrybag to put the things into a deliverable state. “In this view of the matter, the opposite party has no right to recover the expenses borne by it on the packing of the goods or putting the goods in a deliverable state,” it was stated.

The forum observed that the complainant has no dispute with regard to the charging of price in respect of eatable items except the charging of packing of food items, which is Rs 5 from Aggarwal, and Rs 10 from Beri for two units. Thus Hot Millions was directed to pay Rs 2,500 each to the complainants and also to refund the amount charged for along with interest at 9 per cent per annum from the date of filing of complaint.

Speaking to Chandigarh Newsline, Heman Aggarwal said, “I found it wrong. They are charging Rs 5 for packing of food, which is just like charging for carry bag.”

“I have filed the case as part of social responsibility in public interest. I have not earned anything out of it. But yes if the amount awarded to me which is Rs 2,500 is not paid by the restaurant as compliance with the order, or if the restaurant moves an appeal, I will go to the apex court,” he said.