A consumer commission in Maharashtra has dismissed a complaint against a restaurant, ruling that a customer cannot claim a legal right to eat home-cooked food inside an eatery simply by citing health reasons.
The commission said the refusal to allow outside food did not amount to deficiency in service or unfair trade practice, and that such decisions fall within the restaurant’s policy discretion.
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Evidence, it seems, was not invited to dinner
The Mumbai Suburban District Consumer Disputes Redressal Commission found that the pathology report relied on by the complainant did not show any ailment or any medical advice specifically directing the mother-in-law not to eat outside food.
The commission said there was no material on record to show that restaurant food was medically prohibited or that permission to consume outside food was “medically indispensable.”
The proprietor’s prerogative, duly noted
In its order, the commission said, “Every restaurant is entitled to regulate the use of its premises and prescribe reasonable conditions governing its services.”
It added that the complainant had not pointed to any statutory provision requiring the restaurant to allow outside food, and therefore a refusal by itself could not be treated as a service deficiency or unfair trade practice.
The order also noted that once a restaurant has a policy in place, the customer can decide whether to eat there or not.
The receipt reveals another wrinkle
The complaint also raised an issue over a bottled water charge, with the woman claiming she was billed Rs 30 for a Rs 20 packaged water bottle and was compelled to eat at the restaurant.
The commission rejected that contention too, saying restaurants offer a composite package of services and that a customer does not visit only to buy a bottle of water, but to avail the broader dining experience.
The commission, in dismissing the complaint against the Pune restaurant, held that refusing permission to eat home-cooked food on the premises was a matter of policy rather than a legal obligation, and that higher-than-MRP water charges on their own did not amount to illegality or unfair trade practice.
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FAQs
Q1: Can a restaurant in India legally stop customers from eating home-cooked food inside its premises?
Ans: Yes, a Maharashtra consumer commission has ruled that restaurants can enforce reasonable policies restricting outside food on their premises.
Q2: Did the consumer commission consider a ban on outside food as a deficiency in service?
Ans: No, the commission held that refusing outside food does not amount to a deficiency in service or an unfair trade practice.
