Noida restaurant staffers, customers clash over service charge, FIRs lodged

Noida: A clash broke out between some restaurant staffers and a group of customers, including women, inside a shopping mall here, officials said on Monday.

The clash broke out allegedly after a heated argument between the two sides as one of the customers from the group of about a dozen people asked for the removal of the service charge levied on their bill, an official said.

The customer's concern was first taken up with a waiter and then escalated to the manager and an argument broke out with a woman customer over the issue before the men from both sides engaged in fisticuffs, the official said.

Deputy Commissioner of Police (Noida) Harish Chander said the incident took place on Sunday night at the 'Duty Free' restaurant located in the Spectrum shopping mall in Sector 75, under Sector 113 police station limits.

“There was a fight between the two sides -- the group of customers and the restaurant staffers -- over the payment of service charge. Cases have been lodged on the basis of the complaint received from both sides. Those engaged in violence will be arrested,” Chander said.

Further legal proceedings in the case are underway, the officer said.

Meanwhile, National Restaurant Association of India (NRAI) president Varun Khera said levying service charges is the sole discretion of a restaurant, as he cited a court order backing his claim.

“Earlier there was a misconception among some people that restaurants cannot levy service charges. However, a court order has ruled that restaurants can impose service charges as long as they make it clear to customers,” Khera told PTI.

“If the service charge is mentioned on the menu card, it means that the customer is aware of it and they have the choice to walk out if they do not agree with the condition,” he said.

“However, there is also a situation in which customers request the restaurant to remove the service charge and they accept it, depending on their willingness to do it. However, since the onset of the COVID-19 pandemic, the situation has been financially rough for dine-in restaurants and the hospitality industry in general, so not many agree to forego service charges,” he added.