Businesses that depend on LPG for everyday cooking are grappling with increasing prices and inconsistent supply, with reports of long lines and black-market sales at inflated rates.
Against this backdrop, a Bengaluru café’s lemonade bill recently went viral on social media. The bill featured a 5% ‘gas crisis charge’ after applying a discount, adding ₹17.01 to the total. Including GST, the final amount came to ₹374. Online users responded vehemently, with some questioning the necessity of gas for lemonade while others deemed it exploitative.
Restaurant owners indicate that rising LPG costs are putting pressure on their operations. Similar situations have reportedly surfaced in Chennai, Gurugram, and other cities, where extra charges of ₹9 to ₹30 were added to items such as idli, vada, and momos, according to News18 Hindi.
Is ‘gas charge’ legally permissible?
According to the provisions of the Consumer Protection Act, 2019, and guidelines from the Central Consumer Protection Authority (CCPA), restaurants are allowed to charge only the listed price of food along with applicable GST.
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Service charges are optional and can be declined by customers.
Although there is no specific provision addressing a ‘gas crisis charge’ or ‘LPG charge’ imposed by restaurants and hotels, introducing such charges could be viewed as an unfair and hidden cost.
Authorities have stated that no additional fees can be imposed without customer consent. If establishments want to manage rising input costs, they must transparently adjust menu prices rather than adding separate charges, as per News18 Hindi.
What does the law say about unfair trade?
The Consumer Protection Act, 2019 defines “unfair trade practice” as any method or deceptive practice used to promote the sale, use, or supply of goods or services.
Section 2 (47) outlines various cases that exemplify unfair trade practices, including making false representations about the standard, quality, or other attributes of goods or services.
Misrepresenting second-hand, refurbished, or old goods as new is prohibited. Similarly, asserting that goods or services have sponsorship, approval, or affiliation without basis is also considered an unfair trade practice.
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Making misleading claims about the necessity or usefulness of goods or services, and offering unfounded warranties or guarantees, also falls under unfair trade practices.
If such cases arise, the burden of proof lies with the defending party to demonstrate that warranties or guarantees are based on adequate testing.
How can consumers lodge complaints?
Consumer rights advocates encourage customers to keep a copy of the bill and report such practices. Complaints can be made through the National Consumer Helpline (NCH) by calling 1915 or the toll-free number 1800-11-4000.
Consumers can also file complaints via the NCH mobile app or by visiting the official portal at www.consumerhelpline.gov.in. The CCPA offers an SMS service at 8800001915 to assist consumers in raising complaints.
The CCPA can investigate these matters and impose penalties up to ₹50,000 or mandate refunds if violations are detected, according to News18 Hindi.
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