Legal Metrology complaint: short weight or above MRP overcharge
Kashvi Pathak bought a Rs 20 cola at a cinema counter and was charged Rs 80, well above the MRP printed on the bottle. She kept the bottle and the bill, photographed the price label, and filed a written complaint with her state Inspector of Legal Metrology. Charging above MRP is a punishable offence.
Your defence is the Legal Metrology Act 2009. The printed MRP is the maximum price, and the net quantity on the pack must be accurate. If a seller charges more than the MRP, or the packet weighs or measures less than declared, you can file a complaint with the Controller or Inspector of Legal Metrology in your state.
What counts as a violation
- Charging more than the printed Maximum Retail Price (MRP) on any pre-packaged commodity.
- A packet whose net quantity is less than the weight, volume, or count declared on the label.
- A pre-packaged item missing mandatory declarations such as MRP or net quantity, required under Section 18 of the Act.
- Stickers or fresh labels placed to hide or overwrite the original MRP.
How to file your complaint, step by step
- Gather your evidence first. Keep the package itself, the original bill or receipt, and clear photos of the MRP and net-quantity label. This is the proof the Inspector needs to act.
- Identify your state Legal Metrology office. The complaint goes to the Controller or an Inspector of Legal Metrology in your state, usually called the Legal Metrology or Weights and Measures department. If you cannot find the right officer, file an RTI using the AI RTI drafter to find the Controller of Legal Metrology.
- File a written complaint. Address it to the Controller or Inspector. State the shop name and address, the date, the product, the printed MRP, the price charged or the shortfall in quantity, and attach your bill and photos.
- Follow up and keep a copy. Note your complaint reference, ask for an acknowledgement, and follow up with the office. The Inspector can inspect the seller and launch penal action under the Act.
Penalty table
| Offence | Section | Penalty |
|---|---|---|
| Selling a pack that does not conform to its declarations, including charging above MRP (first offence) | Section 36(1) | Fine up to Rs 25,000 |
| Same, second offence | Section 36(1) | Fine up to Rs 50,000 |
| Same, subsequent offence | Section 36(1) | Rs 50,000 to Rs 1,00,000, or imprisonment up to one year, or both |
| Error in net quantity, that is short weight or under measure (first offence) | Section 36(2) | Fine Rs 10,000 to Rs 50,000 |
| Error in net quantity (second or subsequent offence) | Section 36(2) | Up to Rs 1,00,000, or imprisonment up to one year, or both |
Documents required
- The pre-packaged commodity or packet itself, kept unaltered.
- The original bill, receipt, or invoice showing the price charged.
- Photos of the MRP declaration and the net-quantity declaration on the label.
- A written complaint with the shop name, address, date, and what went wrong.
- Your name and contact details for the Inspector to reach you.
Common mistakes to avoid
- Throwing away the packet or bill. Without the pack and proof of price, the Inspector cannot verify the breach.
- Accepting the excuse that a cinema, airport, or mall can charge above MRP. The MRP is the maximum under Section 18, wherever it is sold.
- Confusing the two offences. Above-MRP overcharging falls under Section 36(1); a short-weight or under-measure pack falls under Section 36(2).
- Filing only with the shop. The penal complaint must reach the state Controller or Inspector of Legal Metrology to trigger action.
Real-life example
Dr. Shrawan Kumar Pathak bought a 1 kg pack of branded sugar from a kirana store. On weighing it at home he found only 920 grams, an 80 gram shortfall against the declared net quantity. He kept the pack and the bill, photographed the label, and filed a written complaint with his state Inspector of Legal Metrology. A short net-quantity error is an offence under Section 36(2), carrying a fine of Rs 10,000 to Rs 50,000 for a first offence. He also kept the option of seeking a refund through the consumer commission, separately from the penal action.
Frequently asked questions
Can a shop charge above MRP at a cinema or airport?
No. The MRP printed on a pre-packaged commodity is the maximum price, set under Section 18 of the Legal Metrology Act 2009. Charging more is a contravention, no matter where the item is sold. You can complain to your state Inspector of Legal Metrology and keep the bill and label as proof.
Who do I complain to about a short-weight packet?
File your complaint with the Controller or an Inspector of Legal Metrology in your state, which is the Legal Metrology or Weights and Measures department. Keep the packet, the bill, and photos of the net-quantity label. The Inspector can inspect the seller and start penal action under Section 36(2).
What is the penalty for selling above MRP?
Under Section 36(1), selling a pre-packaged commodity that does not conform to its declarations, which includes charging above MRP, carries a fine up to Rs 25,000 for a first offence, up to Rs 50,000 for a second offence, and Rs 50,000 to Rs 1,00,000 or imprisonment up to one year, or both, for subsequent offences.
Can I also get my money back?
Yes. A consumer can pursue a refund or compensation through the consumer commission, separately from the penal action under the Legal Metrology Act. You can approach the consumer forum for your money while the Inspector handles the penalty. See how to file a consumer forum complaint on e-Jagriti.
What evidence do I need before complaining?
Keep three things. First, the packet or commodity itself, unaltered. Second, the original bill or receipt showing the price charged. Third, clear photos of the MRP and net-quantity declarations on the label. This evidence lets the Inspector confirm the overcharge or the shortfall and act against the seller.
Sources
- Legal Metrology Act 2009, Section 18 (mandatory declarations including MRP and net quantity).
- Legal Metrology Act 2009, Section 36(1) (non-conforming pre-packaged commodity).
- Legal Metrology Act 2009, Section 36(2) (error in net quantity).
Related on RTI Wiki
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