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Service charge in restaurants is voluntary, rules say

Rahul Dev · Head of Marketing
Published · 1 min read

In short

  • The consumer protection regulator took action against 27 restaurants in January 2026, and the number rose to 41 by July.
  • Under the 2022 guidelines, hotels and restaurants cannot add a service charge to the food bill automatically or collect it under another name.
  • Diners who decline to pay the charge cannot be refused entry or service, and restaurants are required to tell them it is optional.
  • The Delhi High Court rejected the associations' argument about staff labour settlements and held that a compulsory service charge violates the rights of consumers.

The Central Consumer Protection Authority (CCPA) acted against 27 restaurants in January 2026 and against 41 restaurants in July, about four years after it barred the automatic addition of service charge in restaurants. Many diners are still finding the charge printed on their bills when the food order is complete.

The CCPA guidelines dated 4 July 2022 do not allow hotels and restaurants to add service charge to the food bill automatically or by default. Same guidelines prohibit collecting the amount under any other name, so a fee renamed as something else is also barred.

A restaurant is required to inform the diners that service charge is optional and left to their discretion and it cannot force them to pay it. As per the CCPA's stated restrictions, a diner who refuses to pay the charge cannot be denied entry or service, as reported by The Indian Eye on 21 July 2026.

What the court and the complaint route say

The Delhi High Court upheld the CCPA guidelines and held that service charge collected in a mandatory or coercive manner is contrary to the interest of consumers and violates their rights. The Delhi High Court gave the ruling on 28 March 2025.

The restaurant associations had argued that service charge forms part of the labour settlements with the staff. The High Court rejected this argument, as per the Business Standard report of 28 March 2025.

For a diner who finds the charge added to the bill, the first step available is to ask the restaurant to remove it before any complaint is filed.

Violations can be reported to the National Consumer Helpline on 1915.

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Frequently asked questions

Is service charge in restaurants mandatory in India?

No. The CCPA guidelines of 2022 say it is optional and left to the discretion of the diner.

Can a restaurant refuse entry if a customer does not pay service charge?

A restaurant cannot deny entry or service to a diner who declines to pay it.

Where can a diner complain about service charge being added to the bill?

Violations can be reported to the National Consumer Helpline on 1915.

Sources & credits

Facts and figures in this article draw on these sources. All writing is our own.

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About the author

Rahul Dev

Rahul Dev

Head of Marketing Delhi

Head of Marketing with extensive experience in digital marketing, publishing, editorial strategy and content development. Focuses on building engaging content strategies, maintaining editorial quality and translating complex business, technology and financial topics into insightful stories for readers.

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