Differences
This shows you the differences between two versions of the page.
| — | legal-metrology-complaint-wrong-weight-above-mrp-overcharging-india [2026/07/10 22:39] (current) – created - external edit 127.0.0.1 | ||
|---|---|---|---|
| Line 1: | Line 1: | ||
| + | {{htmlmetatags> | ||
| + | ====== 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 [[https:// | ||
| + | - **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, | ||
| + | |||
| + | ===== Penalty table ===== | ||
| + | |||
| + | ^ Offence ^ Section ^ Penalty ^ | ||
| + | | Selling a pack that does not conform to its declarations, | ||
| + | | 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 ===== | ||
| + | |||
| + | <WRAP center round box> | ||
| + | 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, | ||
| + | |||
| + | ==== 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, | ||
| + | |||
| + | ==== 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 [[https:// | ||
| + | |||
| + | ==== 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 ===== | ||
| + | |||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | ===== Legal Metrology complaint: Wrong weight, above MRP, and overcharging in India ===== | ||
| + | |||
| + | Legal Metrology complaint — complete guide on wrong weight, above MRP, and overcharging in India: | ||
| + | |||
| + | - **Step 1: What is Legal Metrology? | ||
| + | - **Step 2: How to complain.** (a) complain to the shopkeeper (first — and demand the correct weight — or the MRP price — or the receipt — if the shopkeeper refuses — proceed to the next step), (b) complain to the Legal Metrology Department: (i) call the National Consumer Helpline (1915 — or 1800-11-4000 — for guidance — and referral), (ii) file a complaint online (on consumerhelpline.gov.in — or the state' | ||
| + | - **Step 3: Evidence to collect.** (a) the bill (the bill — or the cash memo — showing the price charged — and the weight — and the product details), (b) the product (the packaged product — with the MRP — and the net weight — and the manufacturing date — and the expiry date — keep the product — for inspection), | ||
| + | - **Step 4: File RTI.** File RTI with the Legal Metrology Department (or the Department of Consumer Affairs) asking for: (a) the action taken: " | ||
| + | - **Step 5: Common violations and penalties.** (a) wrong weight: the shopkeeper uses an unverified or tampered scale — the penalty: (i) fine up to Rs 5,000 (for first offence — under Section 33 of the Legal Metrology Act), (ii) fine up to Rs 10,000 and imprisonment up to 1 year (for second offence), (iii) fine up to Rs 25,000 and imprisonment up to 2 years (for subsequent offences), (b) above MRP: the shopkeeper sells above the MRP — the penalty: (i) fine up to Rs 5,000 (for first offence — under Rule 6 of the Packaged Commodities Rules), (ii) fine up to Rs 10,000 (for second offence), (iii) fine up to Rs 25,000 and imprisonment (for subsequent offences), (c) no MRP / dual MRP: the packaged product does not have the MRP — or has a dual MRP — the penalty: same as above MRP, (d) the Legal Metrology Department can also: (i) seize the scale (and the product — for inspection), | ||
| + | - **Step 6: Consumer Court remedies.** (a) the Consumer Protection Act, 2019: the consumer can file a complaint — in the District Consumer Disputes Redressal Forum — for: (i) deficiency of service (overcharging — wrong weight — above MRP), (ii) unfair trade practice (dual MRP — no MRP — misleading declarations), | ||
| + | - **Step 7: Practical tips.** (a) check the MRP (before buying — check the MRP — and the net weight — and the manufacturing date — and the expiry date — and do not pay above the MRP), (b) verify the weight (if buying loose goods — verify the weight — on a different scale — or on the public weighing machine — at the market), (c) insist on the bill (the bill is the proof — of the price charged — and the weight — and the product details — do not buy without the bill), (d) complain immediately (do not wait — complain to the Legal Metrology Department — and the Consumer Forum — immediately — with the evidence), (e) file RTI (to get the action taken — on the complaint — and the inspection history — of the shop — and the department' | ||
| + | |||
| + | See [[https:// | ||
| + | |||
| + | {{tag> | ||