Restaurant Denies Free Drinking Water: Restaurants are allowed to sell packaged drinking water, but they cannot deny customers free drinking water to push bottled water sales. This distinction became the focus of a recent consumer dispute in Faridabad.
During a meal at a restaurant in Faridabad, a diner asked the staff for regular drinking water. To his surprise, the waiter refused, saying the restaurant only served bottled water and that customers had to purchase it. Despite insisting that free drinking water was a basic right, the diner was told no alternative was available.
What does the law say about free drinking water?
In India, serving safe and free drinking water is both a legal and ethical obligation for restaurants and food outlets. Legal experts point out that denying free water amounts to poor service and an unfair trade practice under the Consumer Protection Act, 2019.
“Courts and consumer forums have consistently held that refusal to provide free drinking water qualifies as deficiency in service,” said Ankit Rajgarhia, Designate Partner at Bahuguna Law Associates.
Food safety rules reinforce this obligation. “The Food Safety and Standards Authority of India (FSSAI) guidelines clearly require food businesses to ensure access to safe drinking water for consumers,” said Abhinay Sharma, Managing Partner at ASL Partners.
What led to the complaint?
The case was filed by Akash Sharma against M/s Garden Grills 2.0 following an incident on June 18, 2025. Sharma visited the restaurant with friends for dinner and asked for drinking water. According to his complaint, the staff refused to serve free water and insisted that only packaged bottles were available for purchase.
Even after Sharma highlighted existing consumer and food safety rules, the restaurant staff and manager allegedly stood their ground. Left with no choice, he bought two bottles of packaged water for ₹40.
Sharma later approached the District Consumer Disputes Redressal Commission in Faridabad, accusing the restaurant of unfair trade practices and deficiency in service. Despite receiving notice, the restaurant did not appear before the commission, and the matter proceeded ex parte.
What did the consumer court decide?
In its order dated December 5, 2025, the District Consumer Disputes Redressal Commission, Faridabad, ruled in favour of the complainant. The commission observed that since the restaurant failed to contest the allegations, the claims made by the consumer remained unchallenged.
Based on the evidence submitted, including the bill and affidavit, the commission concluded that the restaurant had indeed failed in its duty to provide proper service. It directed the restaurant to refund ₹40 and pay ₹3,000 as compensation for mental harassment, with the order to be complied with within 30 days.
Why this ruling matters
The decision sends a strong message that even small charges imposed by denying basic facilities can lead to penalties. The ruling recognises that such practices cause inconvenience and mental distress, not just minor financial loss.
“This judgment encourages restaurants to offer free drinking water proactively, reducing the risk of disputes, complaints, and reputational harm,” said Alay Razvi, Managing Partner at Accord Juris.
Legal experts believe the order will influence similar cases across consumer forums. “Future district commissions are likely to follow this reasoning for consistency. Restaurants will be nudged toward compliance-first policies, where free filtered water is the default and bottled water remains an optional purchase,” said Shivam Kunal, Advocate at the Delhi High Court.