Charging ₹5 for packing costs Chandigarh’s Hot Millions dear; fined ₹5,000

The district consumer court ordered the Panchkula fast food outlet to pay ₹2,500 each to two customers

The district consumer disputes redressal forum has penalised a restaurant in Sector 9, Panchkula, in two separate cases, for charging ₹5 for packing food.

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In the first case, Panchkula’s Hot Millions has been directed to pay ₹2,500 to complainant Heman Aggarwal, an advocate living in Modern Housing Complex, Manimajra and also refund ₹5 along with interest at 9% per annum from February 4, 2019, the date of filing of complaint till realisation.

The matter dates back to March 30, 2018, when Aggarwal ordered four takeaway dishes for lunch. The order was placed at the cash counter for which he paid ₹1,008 as bill price. After making the payment, the complainant noticed a charge of ₹5 under the section ‘PK. Upon asking the cashier, he was told he had been levied packing charges as the order is a takeaway order. The restaurant through their counsel stated that the complainant was charged for the ‘packing’ which is legal, as a restaurant can charge for extra services offered to their customers.

Sapna Vasudeva, counsel for the complainant, contended that a restaurant does not charge for utensils when food is served in the restaurant and thus it cannot charge for packing if the order is takeaway; service cost and packing cost are deemed to be included in the menu price mentioned as MRP. Just like food cannot be served without utensils, likewise it cannot be taken away without packing, she said. It was further averred that such a charge is nowhere mentioned in the menu, or anywhere in the restaurant.

Considering the facts, the forum observed that the complainant has no dispute with regard to the charging of price in respect of eatable items except the packing charges of ₹5.

The forum referred to two cases decided by UT Chandigarh state commission titled “Pankaj Chandgothia vs Lifestyle” and “Pankaj Chandgothia vs Dominos”, where the commission referred to Section 36 (5) of the Sale of Goods Act, 1930 and said that the retailer has used the carrybag to put the items into a deliverable state, and so, “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”.

In another similar complaint filed by Anu Beri of Sector 10, Panchkula; Hot Millions has been penalised another ₹2,500 on account of mental agony, harassment and cost of litigation. They have also been directed to refund ₹10 packing charges.