Denied free water and forced to buy a Rs 40 bottle, a diner sues a restaurant and wins Rs 3,000 compensation and refund

Free drinking water

• Faridabad restaurant fined for refusing free drinking water to diner
• Commission ordered Rs 40 refund and Rs 3,000 compensation for mental harassment
• Ruling reinforces consumer right to free drinking water in Indian restaurants

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A diner in Faridabad asked a restaurant staff for complimentary drinking water during a meal, but was refused and instead told he had to buy bottled water. The diner was shocked when the waiter refused to serve free drinking water and instead insisted that only bottled water was available for purchase, claiming complimentary water was not an option.

What is the rule on free drinking water in hotels and restaurants?

In India, restaurants and food outlets are morally and legally responsible to serve clean and free drinking water to customers as they request. “Courts and consumer commissions have determined that failure to serve free water would constitute lack of service and unfair trade practice under the Consumer Protection Act, 2019,” said Ankit Rajgarhia, Designate Partner, Bahuguna Law Associates.

“Guidelines issued by the Food Safety and Standards Authority of India (FSSAI) also require food business operators to ensure the availability of safe drinking water for consumers,” said Abhinay Sharma, Managing Partner, ASL Partners.

What is the case?

The case was filed by Akash Sharma against M/s Garden Grills 2.0 after an incident on June 18, 2025, when he visited the restaurant for dinner with friends. Sharma alleged that when he asked for drinking water, the restaurant staff refused to serve free water and insisted that customers must buy bottled water. Despite pointing out that restaurants are mandated to provide free drinking water under existing consumer and food safety guidelines, the staff and manager allegedly remained adamant, forcing him to purchase two bottles of Dasani packaged water costing Rs 40.

Sharma approached the District Consumer Disputes Redressal Commission, Faridabad, citing unfair trade practices and deficiency of service. The restaurant did not appear before the commission despite due notice and was proceeded against ex parte. After examining the evidence, including the bill and affidavit, the commission ruled in favour of the complainant.

What did the commission say?

District Consumer Disputes Redressal Commission, Faridabad, in his judgement dated December 5, 2025, said “Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence, the complaint is allowed against opposite party.”

The Commission directed the restaurant to refund Rs 40 and pay Rs 3,000 as compensation for mental harassment, to be complied with within 30 days.

How will this ruling impact similar cases?

The judgment strengthens the position of consumers by recognising that such denial causes harassment and inconvenience, not just financial loss. Even small amounts charged for bottled water can now lead to refunds and compensation if free water is refused. “ Practically, the ruling encourages hotels and restaurants to proactively offer free drinking water to avoid disputes, complaints, and reputational damage, making consumer rights enforcement more effective at the ground level,” said Alay Razvi, Managing Partner, Accord Juris.

“Future District Commissions faced with similar facts will be inclined to follow this line to maintain uniformity, and restaurants will be pushed towards compliance-first policies (free filtered water as the default offer, with packaged water as an optional sale) to avoid reputational and litigation risk,” said Shivam Kunal, Advocate, Delhi High Court.