VIC Australian Consumer Law - Legal to Charge Extra for Not Wanting Rice?

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1 December 2015
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I get lunch from the Chinese takeaway in the food court of our building. Lately, I have moved to a 70% protein 30% carb diet, so I do not want rice or noodles with my takeaway. I usually have some chicken and vegetables or beef and vegetables. What I don't like is getting charged an extra $1 for not wanting rice or noodles, I am paying for the privilege of not wanting something. Just wondering if this is legal under Australian Consumer Law?
 

Rod

Lawyer
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27 May 2014
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It is legal if they tell you before they charge you.

See if you can reason with the owner. Possibly tell him he will lose a regular customer if he continues with the current charging policy.
 
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Sophea

Guest
I think its definitely legal. You are purchasing a more expensive meal as vegetables and meat are more expensive than steamed rice or noodles. Therefore you are not getting rice as the filler.
 
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