Legal analysis: It is unreasonable for merchants to require consumers to pay the minimum consumption, which infringes on consumers' right of independent choice and fair trade.
legal basis: article 9 of the law of the people's Republic of China on the protection of consumers' rights and interests, consumers have the right to choose their own goods or services. Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services. Consumers have the right to compare, identify and select when they choose their own goods or services.
article 12 of the measures for the management of catering industry (for trial implementation) prohibits catering operators from setting minimum consumption.
Article 21 The competent commercial department shall establish and improve the reporting system, and set up and publish the complaint telephone number.
any organization or individual has the right to report any violation of these measures to the competent department of commerce. After receiving the report, the competent department of commerce shall make a decision within 21 working days if it falls within the scope of its duties; If it is not within the scope of duties, it shall be handed over to the relevant departments for legal treatment within 5 working days. In the process of handling, the competent commercial department shall keep confidential the relevant information of the informant.
article 21 the competent departments of commerce, price and other departments shall, in accordance with laws, regulations, rules and relevant provisions, supervise and manage the business activities of the catering industry within their respective functions and duties.
if there are provisions in laws, regulations and rules for the acts of catering operators in violation of these measures, the competent commercial department may request the relevant departments to punish them according to law; If there are no provisions, the competent commerce department shall order it to make corrections within a time limit, and if there are illegal gains, it may be fined less than 3 times of the illegal gains, but the maximum amount shall not exceed 31,111 yuan; If there is no illegal income, a fine of less than 1,111 yuan may be imposed; Those suspected of committing crimes shall be transferred to judicial organs for handling according to law.
the competent departments of commerce, price, etc. shall, within 21 working days from the date of making the decision on administrative punishment, disclose the main contents of the decision on administrative punishment, but the contents involving state secrets, commercial secrets and personal privacy in the decision on administrative punishment shall not be disclosed according to law.