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The Indian Express

⇱ Can you eat home food in restaurants for health? Mumbai court says no


Can a person eat home-cooked food in a restaurant for health reasons? A Mumbai consumer court weighed in on this question and dismissed a plea filed by a woman who had complained that a restaurant refused to let her mother-in-law eat home-cooked food on its premises.

The Mumbai Suburban District Consumer Disputes Redressal Commission noted that a pathology report cited by the customer to show that her mother-in-law was advised to eat home food did not disclose any ailment or any dietary advice from a medical practitioner regarding not eating outside food.

“Therefore, there is no cogent material on record to establish that consumption of restaurant food was medically prohibited or that permission to consume outside food was medically indispensable,” the commission said in its order on Tuesday, adding that it was for the restaurant to decide if it would allow outside food or not.

“Every restaurant is entitled to regulate the use of its premises and prescribe reasonable conditions governing its services. The complainant has failed to point out any statutory provision casting a legal obligation upon the opposite party (restaurant) to permit consumption of outside food within its premises. Therefore, refusal to permit outside food, by itself, cannot be construed as deficiency in service or unfair trade practice,” the commission said.

The commission also said that once the restaurant cited its policy, it was up to the customer to decide if she wanted to eat there or not. It said that it did not amount to any deficiency in service.

The woman had complained that she was charged Rs 30 for a Rs 20 packaged water bottle and was compelled to eat at the restaurant. The commission said that restaurants offer a composite package of services and a customer does not visit solely to purchase a bottle of water but to avail overall services, recognising the charges for these services.