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Department of CS & CA Warns Businesses Against Charging in Excess of MRP

Tarun Karthick

Campbell Bay, 12 January 2023

The Department of Civil Supplies & Consumer Affairs, A & N Administration has received complaints regarding overcharging on packaged commodities and beverages being sold in food stalls functioning in the inter-island vessels. Such practices are a clear cut violation of Legal Metrology (Packaged Commodities) Rules, 2011 framed under the Legal Metrology Act, 2009.

The effective part of the Legal Metrology (Packaged commodities Rules, 2011 is reproduced below:-

18(2):- No retail dealer or other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in the packed form at a price exceeding the retail sale price thereof.

18(2A):- Unless otherwise specifically provided under any other law, no manufacturer or packer or importer shall declare different maximum retail prices on an identical pre-packaged commodity by adopting restrictive trade practices or unfair trade practices as defined under clause (nnn) and clause ( r ) of sub-section (1) of section 2 of the Consumer Protection Act, 1986 (68 of 1986 ).

At some places, in Airlines, Hotels and Restaurants, Cinema Halls etc. packaged commodities (food items etc.) are being sold at a price more than MRP, which is a violation of the Rules. Such practices are against the consumer interest and against the rules.

No business entity is permitted to sell the package commodities beyond the MRP printed on the package, it has been advised to adhere to the provisions of Legal Metrology (Packaged Commodities) Rules. It has also been advised that businesses refrain from such unfair trade practices failing which, necessary penal action shall be initiated against such offenders as per extant rules to safeguard the larger interest of the consumer.

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