Selling pre-packaged items above MRP may attract jail term: Consumer affairs ministry

NEW DELHI: Selling pre-packaged items higher than maximum retail price ( MRP) will soon attract higher penalty, including a jail term. In a move to tame such violators, the consumer affairs ministry is overhauling the Legal Metrology Act.

While it had proposed to increase the margin of error in weightage from 1 gram to 2 gram in the proposed amendment and allowed self-declaration of grammage by manufacturers and sellers, strong opposition by activists has forced the ministry to roll back both the proposals.

However, to bring some relief to manufacturers, distributors and sellers who make minor mistakes while mentioning details on the packets, the proposed law will decriminalize such offences.

“At present, this is a criminal offence. We are proposing to make it a civil offence while increasing fine for not conforming to the norms,“ said an official of the consumer affairs department.

To put a check on manufacturers, importers and sellers of pre-packaged items the ministry has proposed to introduce a fine of Rs 5,000 to Rs 20,000 for the first such offence. A second offence will attract a higher penalty of Rs 20,000 to Rs 1 lakh. If the seller or distributor still commits the same offence, they may face one year imprisonment along with fine.

Officials said that the present Legal Metrology Act does not have this provision and therefore there is little deterrence for unscrupulous sellers who charge more than the MRP.

“Once the amendment is enacted we will issue advisories to sellers and consumers on the need to provide and take a receipt,“ the official said.

On how the consumer activists played a key role in rolling back of contentious proposals, Bejon Misra, an expert on consumer policy , said, “We notice how manufacturers and sellers fleece consumers. We all see how the designs and packets are big to attract buyers. But when you open them there is little for the consumer.“