Legal Metrology
Legal Metrology
Legal metrology is the branch of metrology that deals with units and methods of weighing and measuring, as well as weighing and measuring instruments, in relation to the mandatory technical and legal requirements that aim to ensure public assurance in terms of the security and accuracy of weighments and measurements. It is the process of applying legal requirements to measurements and measuring tools.
Grounds for Complaints
- Charging more than MRP
- Less weight than proclaimed
- Weighing the product with the box
- Missing mandatory labelling information
- Non- calibrated weighing scale
- Packing in non – standard weights
Consumer Redressal Mechanism
(i) Reaching out to the Manufacturer or the shopkeeper
The first step of redressal for the consumer shall be to reach out to the manufacturer or shopkeeper from whom the product was purchased. The consumer can take the available mechanisms if the complaint is not redressed at the shopkeeper or manufacturer level.
(ii) Reaching out to the Metrology Officers
In the second stage, the consumers can reach out to the District Legal Metrological Officer or the Controller of the Legal Metrology of State or Union Territory. The contact details of the various Metrology officers of Karnataka are given below: Click here
(iii) Approaching any other appropriate judicial or quasi-judicial body
The complainant is free to take the service provider to a court or any other suitable venue (judicial or quasi-judicial). The proceedings in consumer commissions are not mired by the niceties of procedure, allowing the complainant to file a complaint for himself. As a consumer, the aggrieved party can take the service provider to the appropriate consumer commission, based on the pecuniary and territorial jurisdiction. The jurisdictions of the various consumer commissions are as follows-
a) District Commission: The aggrieved consumer can reach out to the District Commission under section 34 of the CPA, 2019, which provides that the district commission shall entertain matters where the value of the goods or services paid as consideration does not exceed more than one crore rupees.
b) State Commission: In cases where the value of the goods or services paid as consideration is more than one crore, but less than 10 crores, the consumer can approach the State Commission. Moreover, in cases of unfair contracts, the State Commission has original jurisdiction and the consumer can be directly approached. An appeal against the order of the District Commission can also be made under section 47 of the CPA, 2019.
c) National Commission: The National Commission can entertain matters where the value of goods or services paid as consideration exceeds 10 crores. Section 58 also provides that complaints against unfair contracts can be entertained by NCDRC when the amount of value paid exceeds 10 crores. The NCDRC also has appellate jurisdiction against the orders of any State Commission and Central Authority.
Moreover, it must also be kept in mind, that section 100 of the CPA, 2019 provides that the remedy under CPA is in addition and not in derogation of other available remedies.
Another remedy available to consumers is mediation. Chapter 5 of the Consumer Protection Act provides for establishing mediation cells and resolving consumer complaints using mediation.
The following link could be used to file complaints online: Consumer Helpline
(iv) Central Consumer Protection Authority
If the commission finds violations of rights of consumers or in notice of trade practices which is unfair it can inquire or cause an inquiry, either on receipt of complaint or suo moto or as directed by Central Government. If the commission finds, after preliminary inquiry, of an existence of a prima facie case of consumer rights violation or it is in notice of any unfair trade practice or any wrong or inaccurate advertisement which is prejudicial to public interest or to the interests of the consumers,it can order an investigation by the District Collector or by Director General.
The consumer can complain to the District Collector of the respective district for investigation and subsequent proceedings by the CCPA. He/she/they can also submit a complaint via email, at com-ccpa@nic.in.
Acts
1. The Legal Metrology Act, 2009:
2. The Legal Metrology (Packaged Commodities) Rules, 2011:
3. The Legal Metrology (Approval of Models) Rules, 2011:
4. The Legal Metrology (Numeration) Rules, 2010:
5. The Legal Metrology (General) Rules, 2011:
6. The Legal Metrology (National Standards) Rules, 2011:
7. The Indian Institute of Legal Metrology Rules, 2011:
8. The Legal Metrology (Government Approved Test Centre) Rules, 2013
Sample Complaints
Important Links and Resources
1. INGRAM Legal Metrology Frequently Asked Questions
2. Department of Consumer Affairs: Legal Metroogy overview