Government warns of fine, jail term for selling water, cold drinks above MRP

New Delhi: Those selling bottled water and cold drinks at more than their maximum retail price, including at airports, restaurants and multiplexes, could attract penalty and jail terms, consumer affairs minister Ram Vilas Paswan said on Friday.

Citing the common experience of consumers, the minister said packaged drinking water is often found selling at 10-20% higher rates at such locations and there are also cases where some of these bottles have been found to carry no mention of any MRP. Paswan was speaking on the sidelines of an event commemorating the 47th World Standards Day on Friday.

Section 36 of Legal Metrology Act clearly says anyone caught selling, distributing or delivering any pre-packaged commodity that does not conform to the declarations on the package shall be punished with fine up to Rs 25,000 for the first offence. It can increase to Rs 50,000 for the second offence and subsequent offences can attract a fine of up to Rs 1 lakh or imprisonment for one year or both.

Though the law came into effect in 2009, there is little awareness about the provisions of this law to protect consumers from charging more than MRP or difference between the exact content of a packaged commodity and what is mentioned on the wrapper.

Paswan said despite a couple of court orders, water bottles are still sold above MRP in multiplexes and airports. "Consumers need to be more aware and file complaints. If there is no complaint, how can we take action?" he observed.

It can be recalled that the Delhi HC in 2007 had ruled that hotels and restaurants in the capital cannot sell bottled mineral water over and above the MRP to customers, who visit them and enjoy their other services and facilities. After the Legal Metrology Act became applicable in 2009, the hotel and restaurant associations had challenged the High Court order in the Supreme Court. But their plea was dismissed.

Last February, country's apex consumer commission, NCDRC, had imposed Rs 5 lakh penalty on a multiplex for selling water above MRP.

Consumer affairs ministry officials said now with more options available to lodge complaints through online mediums, people should register their grievances.

"We have been pursuing people to demand receipt of whatever they buy so that it can be a proof to file a complaint," said an official.

Consumers affairs minister Ram Vilas Paswan said packaged drinking water is often found selling at 10-20% higher rates at airports and multiplexes and there are also cases where bottles have been found with no MRP on them. 

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