Restaurant Overcharged, Doesn't Want to Provide Full Refund

Hoping to gain some 'clarity' or perspective on a recent situation I found myself in.

Went to dinner ~1 week ago with my brother to a restaurant I've never been to. We were the only customers there - the owner was sitting down eating with someone. We sat down, the owner was very welcoming and warm, brought around a young waiter (maybe mid-late teens) and told us the waiter was new and tonight was his first night. The waiter brought some menus, and my brother and I chose our food (appetiser, two meals, some bread). Food order was made based on both price and appetite.

Our food came out on time, and was really good. Upon payment/leaving, the overall bill struck me as being slightly higher than I expected. We went home, and I calculated the total based on the menu we were given being ~50 dollars, however, was charged 70 dollars (total different came to just shy of twenty dollars). Although the service was kinda dodgy (waiter was obviously very new/had never worked, no eye contact, no manners, very awkward), the food was really good and the owner was polite. I thought I would message them to let them know I had been overcharged, hoping they would credit me the amount owed (which I would happily spend on a second meal there).

Upon messaging them on Facebook, this is the exchange I had:

Me: Hi, I came in last night with my younger brother and I believe I was overcharged. I just did the maths on my order:

1x Chapli Kebab @ 7.50
1x Kofta Korma @ 15.99
1x Chicken Karahi @ 21.90
1x Afghani Naan @ 3.00
1x Garlic Naan @ 3.00

By my calculation this comes to $51.39 and I was charged $70. I understand that is was the waiters first night at work and I know mistakes happen - what is the best way to rectify this?

This is the reply I received:

Hi, (brokeunikid)
Sorry, for the late reply but thank you for bringing this matter to our attention. However as you mentioned above our waiters is new and unfortunately on that night he accidentally handed you the old menu with the old prices. Additionally, due to Covid we have added an increase of $2 on our entrees and $3 increase on our main dishes which we have placed a notice in the front of the store.
Thus, you order total would be:
1x Chapli Kebb: $10
1x kofta korma: $ 19
1x chicken Karāchi: 25:90
1x afghani Nana: 5
1X garlic Nana: 5:50
Hence, taking in-regards the new prices you’re total would be $65.50. We, will happily refund you the 4.60 that you were overcharge if any form you would wish. We sincerely apologise for the confusion and any inconvenience this may have caused you.
Thank you

So, here is the issue. The menu given to me in store, and the one on google maps/facebook are the same, listing the lower prices that I based my meal choices from. I think it's poor form on the owners behalf to blame his new staff member for 'giving out the wrong menus.' As for the sign saying the prices had increased, I did not see it (it was probably there, just not very obvious whatsoever).

Part of me wants to leave a scathing review and initiate a credit card chargeback. I spoke to my bro, he says they were busy and might be struggling, and I should just let it be (as a way of showing my support for local businesses). OzB community, what would you do?

TL;DR - Went to dinner with bro, was overcharged based on a menu I was never given with prices I never saw. Owner does not want to refund the discrepancy.

Poll Options

  • 598
    Let it go, not worth the hassle.
  • 103
    Accept the $4.60 refund
  • 180
    Credit card chargeback for full price discrepancy
  • 39
    Bikies

Comments

      • I should have used the word "unlucky" instead but I've had a lot of negative experiences with a quite a few of the businesses here. Of course that's doesn't mean they are all like that but for me it's one too many.

  • +2

    go back to the restaurant and see if they have been swapped over. if not, call them out on it and tell them you expect the $20 back.
    If the menus have indeed been changed to reflect new prices, then just accept it and leave an honest review of your experience online.

    • +6

      The restaurant is obligated to charge for their listed prices. They are trying to avoid this. It's illegal to change prices like this. This is why colesworth offers you one free item when the price is wrong as it stops people reporting them

      • This is why colesworth offers you one free item when the price is wrong as it stops people reporting them

        No it isn't.
        It is because when barcodes were introduced people didn't trust them so stores introduced the policy to help people feel that they would not be ripped off.

        • interesting. i had always assumed my theory rang true

          • @belongsinforums: I believe it was also to help stores use barcodes without changing the law.

            Before barcodes were used all products were individually priced, barcodes removed this. I don't know how the Scanning Code of Practice helped with this but I think I did somehow.

            But your theory is also wrong.
            Stores are not offering a free product to stop people reporting them. Not all stores offer something for free (I think ALDI is one of them).

            • @spaceflight: I did say colesworth. Anyway pretty sure they're obligated to sell at advertised price unless it's a ridiculous pricing error. Even more so if you've already consumed the goods before purchasing, i.e. in a restaurant

  • +6

    A $19 difference may not be much when it comes to buying, say, electronics or games, for example, but for me it's a big difference when it comes to eating out because I usually order to a set budget depending whether it's a special occasion or just a case of can't be bothered cooking today. I'd feel misled as if I'd seen the real menu I might have considered ordering less food or just going elsewhere; like someone offering to mow your lawn for $50 then charging $70 because they forgot they raised the price. I always see comments here telling people to take responsibility for their mistakes so I'm surprised to see some of the comments.

  • +2

    Argh thats so annoying. If the menu genuinely changed then i would just let it go.

    Given the food was good, i just might not come back for a looong time lol. And also make sure you check the invoice next time.

    $20 isnt really worth the saltiness. If it was $100 then i think it would be worth pursuing.

    Im sure due to OzB we've all been able to find bargains we wouldnt always find. We win some and we lose some!

    Chin up OB!

  • +2

    They could have at least given you a free main for your next meal, or 20% off your next bill. They would at least then secure you returning for another meal.

    I would say that you are entitled to be charged the prices you saw on the menu but it really isn't worth pursuing.

    If I was in your position I just wouldn't go back. If that isn't enough closure then you could message the owner again and explain that you won't be returning. It doesn't have to be rude, just make it informative so they know they f'd up.

  • +4

    I don't like being played. Scathing but factual review on multiple sites. Make sure you word it so they can't try to sue if they're so included. Let the money go. Not worth begging for $4.60. I'd never go back that's for sure. The covid surcharge is disgusting btw. You're the one out risking your health for the pleasure of dining at their establishment and this is how they treat a customer? Buh-bye now.

  • Let it go not worth the hassle. Especially when the owner admitted their mistakes but not owning up.

    Leave a bad but honest review and never to return.

  • +8

    They can't give you the wrong menu and then charge you the price of a menu you were never shown. It is blatantly against the law. it is even a common scam in some countries. You should fight hard for a refund of the price difference based on the menu you were shown.

  • +2

    Sounds extremely dodgy but not surprising. Deserves to be left an appropriate review. Probably not worth the hassle to follow through any more than this.

  • +7

    All the mature responses to let it go makes me feel petty to not accept this.

    If it was me, I would call out the owner on the menu change and leave a bad review but state the food was good. At least then it will warn other customers and perhaps help the restaurant improve their practice in the long run.

    If there are new menus then why leave the old menus still lying around. Either the owner is dishonest or stupid. Even if was the latter, the stupidity is further compounded by trying to make an extra $15 at the expense of a future repeat customer. I get that times are tough but business owners like these don’t exactly help themselves.

    • meh

      I got the reverse when I went to pick up ribs months ago.

      The online and the hand menu's there stated the same price.

      But prices had been reduced and was on the boards there.

      I didn't notice until they gave me a lower price.

      They just hadn't gotten around to change the hand menus and online menu

      I know they hadn't changed the hand menus as I went there two weeks later.

      • Interesting. What would you do if you were in OP's position?

  • +6

    Almost $20 isn't a small amount (and I don't know if I envy or am frustrated with people that can essentially throw $20 away and say "oh well it's not worth my time).

    If the food was really that good and you would go back, I would continue with the conversation and see if they can give you a credit (the first message may just be to see if you'll take the first offer), or if not just a low google review and not go back again, and chargeback.

    • Well if you intend to go back again please don’t bother trying to have a second conversation to see if you get a credit as your next order may come with ‘extra sauces’.

  • -8

    I could imagine if you were overcharged over a hundred or more, but this just isn't even worth the time and effort to me personally: Especially if the meal and quality of service was good.

    Restaurants need all the help they can get right now in this economic climate.

    • +4

      Nah, sorry. If OP wanted to tip them $20 to help them out then that's one thing but trying to swindle money from a paying customer is not acceptable under any circumstances.

      • -1

        I never implied it was right to falsely advertise prices… I just have the unpopular opinion that it's not worth the stress and time to argue with a business (let alone anyone) over $20.

        OP asked for opinions, I gave mine.

        • +2

          I somewhat agree that $20 is not worth the time in the grand scheme of things.

          However, I think the reason you are being negged is your last part It implies to treat the offender as a victim.

    • OP has already done the favour/support by going to the restaurant to eat. Without OP and other customers, the restaurant will be closing down anytime soon.

  • +7

    Thats really poor form from the manager, like really poor. I would just leave a snarky reply on FB and leave it at that.

    If it was my restaurant (im part owner in one) I would have apologized refunded the $20 and given you a free main meal and drink etc. Or a full refund if you prefer. This is what we have done in the past when people have issues caused by crappy staff (obligatory "you just cant get the staff" comment). Having a repeat customer and their word of mouth is worth way more than the $15 this prick is scamming off you.

    The fact this tool is willing to publicly fall back on some dodgy (and probably illegal) excuse as to why you were scammed screams dodgy AF to me (and to anyone reading that FB exchange). If oldmate is willing to openly scam you, then what else does he get up to out the back.

    I wouldn't be going back there ever. And wouldn't be recommending it to anyone

  • +3

    Before I even read anything, I thought to myself, that has to be an Indian restaurant, lo and behold! I would have initiated a charge back. As for feeling bad for the business during these times, I am pretty sure the waiter isnt being paid full wage either ;)

    • -6

      strong racist

      You do know that Woolworths underpaid their staff by millions but it doesn't stop there.. a list of companies that underpaid staff.
      Qantas underpaid staff
      Grilld
      The super retail group that owns rebel, supercheap, etc
      Commbank
      Bunnings.

      The list goes on dude.

      You cant chargeback on an instore purchase where you were present. You literally were standing there checking the bill.

      • You can chargeback an instore purchase.

      • +2

        Excuses excuses! It doesnt matter how many others did it. Indian restaurants are notorious for wage scandals. Dont believe me - a simple search on google should be your friend
        https://www.google.com/search?rlz=1C5CHFA_enAU836AU836&sxsrf…

        P.S. My Indian mates who are in the restaurant industry also say it. Are they racist as well?

        • Wage theft is not the same as overcharging.

          Employers would do it with helpless staff but Normally would like to paint a pretty picture to outsiders/customers.

          And it seems that the restaurant is Pakistani. Indians don't know this dish:

          Chicken Karāchi

  • +13

    After I left my review, I filtered the other reviews lowest —> highest and found a few more instances where people had mentioned that they'd been overcharged in a similar fashion. I usually would give people benefit of the doubt but it's quite clear that this was not a solo offence. I'm pretty sure that if I ran a restaurant where an old menu had been incorrectly handed out multiple times, I would have just gotten rid of them or corrected the prices in them unless I was trying to con people on purpose.

    I still won't chase the twenty dollars - not because it's insignificant or unwarranted, but because effort/time exerted is not worthwhile; although I wonder if it's worth notifying some form of official body that there is a restaurant repeatedly partaking in this dishonest behaviour. I think the thing that bothers me most is that when I worked in retail while studying, if customers came in and raged at me for something that wasn't even remotely in my control, I would bend over backwards to ensure that in the end they had a positive experience because I felt it was part of my duty as an employee to do so (and I was not the business owner). In this case, the business owner has recognised/acknowledged that his staff member has made a mistake, but insists that I pay for it!

    Go figure ¯_(ツ)_/¯

    • +7

      When I went to Japan, I based my food choices on how busy/popular a restaurant was. Never had a bad meal, except for the one time we were in a rush and went to an empty restaurant… sure enough, terrible experience. I now apply that rule whenever I'm out. A bit of a wait is better than a crap meal/experience.

      The fact you and your brother were the only two customers is most likely not a co-incidence. If the owner is being disingenuous here and there for $15, their time is limited.

      Leave an honesty review to help others, and move on.

      • +5

        What has it got to do with Japan? In Japan, you would never be charged the wrong prices.

        • The point I was trying to highlight is that there is, in my opinion, a direct correlation between popularity and the service/product you'll receive… something I learnt whilst travelling and now apply when searching for places to eat here.

        • Been chased down the street in Japan by a waiter to return the tip I left! Thought he was chasing me because I'd underpaid or something!!

          • @mauricem: And there was my friend chased by a waiter in New York because he forgot to tip!!

      • +2

        Charge back is way to go…it is not about $$ , it is about being honest in busienss dealings

        • you cant chargeback on instore purchases. You were present and authorized it.

          Goodluck ever winning that.

          • @lltravel: You can and I have, multiple times across different financial institutes and products.

    • +5

      Chase it bro. They're crooks and it takes five minutes of your time. And name and shame.

    • +2

      This is why they can continue running this scam, because of people like you who say "it's not worth my time".

    • reposting

      I got the reverse when I went to pick up ribs months ago, from a popular steak/ribs place

      The online and the hand menu's there stated the same price.

      But prices had been reduced and was on the boards there.

      I didn't notice until they gave me a lower price.

      They just hadn't gotten around to change the hand menus and online menu

      I know they hadn't changed the hand menus as I went there two weeks later.

      For this place I understood why, as people usually ordered from the board as the specials are there as well and not from the menu

    • Funny thing is that this sort of practice with multiple menus is common in tourist spots in India. When we went for a holiday in Jaipur we were accidentally handed the tourist menu for breakfast. We only found out about it when we enquired why the dish we had yesterday was more expensive today. The owner came over and told the waiter to get the 'local' menu and told us these ones were the 'tourist' ones. I have an Indian background so we didnt look like foreigners at all and spoke the language.

    • Had a bad experience at restaurants in India. Different menus for tourists (traveled on my own & then with a local friend). Had issue when I bought bottle of water, saw that the lid had been glued shut & being sold as new. My overall trip to India left a very bad taste in my mouth & couldn't wait to leave.

      Don't get me wrong, I love Indian food in Australia but unfortunately will not go back.

      Definitely recommend to watch a youtuber called Karl Rock. He is a Kiwi living in Delhi.

    • Your research into other reviews indicate that this is not a unique occurance and probably is readily practiced by this owner/restaurant. If there are a number of reviews describing this fraudulent practice, then imagine all the other people this has been done to that have not been bothered writing a review.

      OP can you please name the restaurant or provide the suburb its located in so that other members can make a concerted effort to avoid this restaurant when ordering indian food in the future?

  • +1

    It'll cost the owner more but you not going back and telling your family and friends to avoid.

  • +5

    Make a complaint with the ACCC, Ombudsman and Fair Trading. That'd show 'em for overcharging you $18.61c! Booyah!

    PlayedTheWrongPriceGameAndMyOrderGotCancelled

    • No one messes with Jack…. he has ya back, ain’t no Mack and won’t play like crap!

  • +2

    bikies and move on

  • -1

    If the food was good I would have just eaten that loss as a tip. I would have payed attention to the bill though.

  • +3

    So it was the waiters first night… yet he gave the old pre-covid menu. Why would they be lying around like that.

    Utter bullshit on the restaraunts end.

    But… it's not worth the time to make a huge fuss.

  • The prices before the increase looks reasonable.

    Probably a C+ at best to try to justify the higher prices. They could have got it closer to the full $70 but then it is Australia, people are just too lazy to do the arithmetic (or update their menus)

  • +3

    Sounds like a scam. And also a lesson that you always check your bill BEFORE you pay.

    • I’ll pay this much or nothing u say ;)

    • Not necessarily, instead of having a full fledged face to face confrontation I would prefer to resolve the matter through the credit card issuer.

  • I like that no one thus far has suggested going back to the same restaurant, ordering the exact same order and leaving cash on the table for the bill (minus $20) then simply walking out never to return again..

    • Lol I know you're half joking but is that even a thing here in Australia? Leaving money next to the bill like in American movies?

    • -1

      You do realize that they still make a profit less that $20 right? Why would OP support the same dishonest business again?

  • +4

    Name and shame

    • +5

      I would definitely left a message to tell the people that this business owner is not honest. It doesn't matter if we're in a crisis or not, honesty is the most vital important in our society.

  • +2

    I understand the go.. support local businesses but these are the same people who pay less tax gets more govt support, and if they charge $5.00 for an afghani naan thats a very expensive naan. Then he drives Porche Cayenne just because he can rip off customers as he can.

    My question is if these people are affected due to covid so is everyone. When seeking support from community for local business, how do these businesses give back to the community. I’m with OP on this since this is a growing issue, on what basis they increase prices, is there a govt body that regulates prices hikes like when they do in real estate percentage on increase rents for a particular amount of time.

    These restaurants are banking on self pity have fortune to be made, since no regulation on prices and as they please to increase.

  • Did the menu say prices subject to change?

    That said never heard of the price changing between ordering and paying lol.

  • The poll option is there so I had to vote 'Bikies' but honestly I'd probably just wear this and never go back I wouldn't ever show support for a business that blatantly overcharges but feel it's not worth the time to chase it up with them.

  • Leave honest review and charge back if possible, refund if not.

  • I don't understand why they would even have the old menu floating around there. Dodgy. I'd go back and check it out / discuss it in person.

  • +6

    1x afghani Nana: 5

    Report them for human trafficking

  • +3

    I would want my refund more than ever after getting that reply.

    They are even admitting that you had the 'old' menu - and hence your calculations were correct!

  • Just let it go, what goes around comes around

    Your $19 will be paid back by some good luck in the near future.

  • Op enters a restaurant with no customers. Dong the reality bell should ring.

  • +1

    cheapskate - garlic Nana doesn't come cheap !

    it takes some time to get her all lathered up and coated with the special sauce …

    • Sure, simple soultion — as 99.99% business is doing: set the right price to refelct the right costs and the desired profit margin, let the customer decide if they can afford it.

  • If I was the owner I would have refunded you the difference. Because I want my customers to return to eat. More customers means more money for my business.

    • If I was the customer I would have checked my bill before paying.

  • +2

    It feels like a set up from the get go. And even with the new price, you are still overcharged $4.60, so the numbers don't match up. Do they calculate the bill by hand? Any receipt with itemised price?

  • Went to a restaurant at North Ryde a couple of years ago and the total was more than what was shown on the menu. Upon questioning the amount, the owner showed me the fine print on the menu saying prices subject to change at anytime. Never returned to that restaurant since.

  • +1

    Funny enough he actually admitted they did something wrong… in writing too!

  • +1

    name and shame?

  • +4

    Opposite happened to me around July. I went into this Thai restaurant to order a meal. The guy was definitely green, having to hunt the menu to price check a Pad Thai, but I gave him the benefit of the doubt. I tapped my phone without checking the price (or even the receipt), then went for a walk. When I came back to the restaurant to pick up my meal, the boss lady was at the till and she informed me that the guy had overcharged me and she proceeded to refund the difference. That was amazing, especially since this was mid-pandemic and it was dinner time with no patrons in the restaurant.

    Just remembering that incident now, I think I'll go for lunch there today!

  • I think 3 stars rating with full transparency is fair. That is considering the new staff + the struggling business during covid situation. You wouldn't wanna drive em out of business but you also prolly wouldnt come back yourself for a bit after being 'cheated' like that.

  • This restaurants owner does not sound very intelligent. For a very small amount of money, they are risking losing a customer, getting negative feedback on review sites and risking pissing off the wrong people. I would leave a honest review, pretty much exactly what you wrote here as a matter of principle. If you give the wrong menu, the fault is at the restaurant and they should ensure their staff are trained to not make such a bizarre error.

  • -5

    what a joke

    • Op doesn't check the bill before he paid
    • The owner apologized and offered you the difference

    Whats the problem here? They admitted the mistake.

    OP is a joker

    Move on dude, its 4 dollars.

    • +1

      The problem is that this is not a single instance anymore. As per OP multiple reviews online saying the same behaviour. Crooks as they always are. Its not about $4, its about dis honest behaviour.

      • Agreed, undisclosed price jacking on the final bill is crook behaviour and being evidenced with the other reviews.

        400+ people have let it go as per the poll. Assume all these people ate there and got swindled $10. He's on top $4k.
        Never know how many other people he's done it to and most will just let it go.

        However I agree that it's way too much effort. Leave google feedback and move on with life.

    • They're not being offered the full difference, only less of a rip-off.

      The old menu they ordered from said $50. New menu said $65. They were charged $70. All the restaurant is offering is a $5 refund, not the $20 based on the menu they ordered from.

  • +2

    always get a reciept/check the bill.

    end of.

  • +1

    Your time isn't worth it, but in Australia, this is a breach of Consumer Law which is a federal offence. I'd do all I could to make sure other people don't also do the same and be overcharged.

    I don't think places are wrong to increase their prices and I would happily pay more during COVID-19 but it needs to be communicated clearly to be legal.

  • dispute the transaction

  • Is it just me or do the new prices in the response look dodgy? How is the chicken Karachi 25.90 if it's a $3 increase?

  • Whats worse is charging a "covid fee" like wtf. Why?!?

  • 20 dollars, we talking about 20 dollars. Not 100, not 50, we talking about 20 dollars.

    • 20 dollars is 3 days groceries

    • +2

      'We talking' about $18.61.
      I'm sure the OP would be happy to supply you with their bank account details for you to transfer that amount into it.

  • -1

    Leave a bad review on Google & move on, life's too short

  • let it go bro. consider it a donation.

    2020 has been astoundingly shit, if they are going to those lengths to get $20 out of you then so be it.

    • +4

      What other crimes should we ignore because 2020 is shit?
      Have you made a list?

  • A charge back is not that much work. Sounds like this wasn't an accident.

  • +1

    As a restaurant manager I feel you should feel wronged. I have had people quibble about paying extra $3 to add chicken to a meal. Did they think it would be free?
    As far as blaming the trainee - that’s the owners fault for letting him loose on customers without training him. That is how you set people up to fail. He was too concerned about sitting with his friend eating to supervise his staff.
    How about check his Uber eats prices? It’s a tall tale he’s telling you about the menu.
    You tried the nice way, leave a polite but honest review

  • Leave an honest (not nasty) review. Be factual, explain the issue and that you were offered a refund. Accept the 4.60 and then move on.

    At least this way you get something back and can inform others. You're fair and honest about it and if the restaurant does read the review, whilst they may not like what's said (even if factual), they'll hopefully take it onboard and update their pricing and improve for the future.

  • +3

    Forgetting the fact that the OP has now reported that multiple people have experienced the "wrong menu" and so this is an obvious way to skim more money off customers, why on earth is anyone here defending the business? They made a "mistake", are entirely responsible for the mistake and they are expecting the customer to wear it. I would never trust a business who handled my food who had such blatant disregard for the customer.

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