• Vilas P. Kalode
• Dr. Ranjan Dube

Consumer Protection Protection of Consumers from Dual Maximum Retail Prices (MRP) with Reference to The Legal Metrology Act 2009 and The Legal Metrology (Packaged Commodities) Rules 2011 ABSTRACT Department of Legal Metrology, Government of India is implementing the provisions of the Legal Metrology Act, 2009 and Rules made there under by standardizing the weighing and measuring instrument, used in Trade & Commerce with an object of ensuring public guarantee from the point of view of the security and accuracy of the weighments and measurements. The experience in implementation of the provisions of the Act and Rules made thereunder, suggests that the compliance of these provisions could be ensured to achieve the objectives of the Act due to deterrent nature of the present provisions against any wrong doing. Further, the fear of the punishment of filing complaints in the Court of Law for the second and subsequent offences, the Trading Community is exercising enough caution not repeat the offences. In respect of the non-compoundable offences, the Traders are well aware that these cases would land in the Court of Law, if any violation is detected by the Legal Metrology Officials (LMOs) under these non-compoundable sections and hence the enforcement officials are not finding any such violations under these non-compoundable sections. From the above, it can be reasonably concluded that present provisions are deterrent enough and as such, compliance of the provisions could be ensured. Any move to decriminalize the present provisions of the Act and the Rules made thereunder especially some sections would result in diluting the deterrence aspect of the provisions of the Act and consequently, the objectives of the Act would not be achieved. The manufacturer, packer, and importer of the packaged commodities were shocked and surprised to see the allegation in the communication that they would like to state that a responsible corporate is involved in the practice which is not in accordance with the law. Whereas there are no specific and exact provisions of the Legal Metrology Act 2009 and the Legal Metrology (Packaged Commodities) Rules 2011 which show the violation of the dual MRP allegations, and the manufacturer, packer, and importer are not aware of any legal provisions, including under the Act and Rules have been violated by them. As such that they prejudiced their ability to make an effective defense against the allegations. Which prohibits having dual or different retail prices for identical products for different consumers. It is a well-settled principle of law that unless there is a specific prohibition on some things, it is to be taken as permissible, as such the different MRP for the same product. The legality of the principle upholds by various courts, including the Hon’ble Supreme Court. Key Words Legal Metrology Packaged Commodities Dual MRP Price Control Author :- Adv. Vilas Kalode M Sc, MA, LL M, MBA, MSW, MFA. (Research Student, H. G. Raisoni Law University, Amravati) Assistant Controller of Legal Metrology (Retired) Co-Author :- Dr. Ranjan Dubey

"Protection of Consumers from Dual Maximum Retail Prices (MRP) with reference to The Legal Metrology Act 2009 and The Legal Metrology (Packaged Commodities) Rules 2011", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 8, page no.d876-d902, August-2022, Available :http://www.jetir.org/papers/JETIR2208398.pdf

"Protection of Consumers from Dual Maximum Retail Prices (MRP) with reference to The Legal Metrology Act 2009 and The Legal Metrology (Packaged Commodities) Rules 2011", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 8, page no. ppd876-d902, August-2022, Available at : http://www.jetir.org/papers/JETIR2208398.pdf