METROLOGY DEPARTMENT HAS EXCEEDED BRIEF, OBSERVES HC

The Hyderabad High Court has restrained the authorities of the Telangana Legal and Metrology department from forcing the members of the Multiplex Association of India to fix stickers on non-packaged food items sold by them.

It declared as ultra vires the circular issued by the department applying pro- visions of the Legal Metrology Act 2009 and Packaged Commodity Rules in relation to non-packaged food supplied and sold in Multiplexes. Justice M.S. Ramachandra Rao observed that the action of the authorities in issuing the circular was clearly a colourable exercise of power, which could not be countenanced.

The Hyderabad High Court has restrained the authorities of the Telangana State Legal and Metrology Department from forcing members of the Multiplex Association of India to fix stickers on non-packaged food items sold by them. It declared as ultra vires the circular issued by the department applying provisions of the Legal Metrology Act 2009 and Packaged Commodity Rules in relation to non-packaged food supplied and sold in multiplexes.

Justice M.S. Ramachandra Rao allowed the petition by the Multiplex Association of India and PVR Ltd, challenging the circular issued on July 20, 2018, under the Legal Metrology Act, 2009, and the Legal Metrology (Packaged Commodities) Rules, 2011, by the Controller of Legal Metrology. The Judge observed, “However, it is desirable in the interest of the consumer that members of the petitioner’s association display prominently on the menu board at the points of sale of the non-packaged commodities referred to above, the price per standard unit of weights or measures or numerals or multiples thereof and also indicate the same in the sales invoice or bill issued to the customer, within four weeks, if not already done.”

The judge noted, “A reading of the Act and the Packaged Commodities Rules, and in particular Rule 6, shows that only in respect of packages/ packaged commodities there is an obligation to put details of MRP, net quantity and consumer helpline. Only on such packages it is required under Rule 7 to have a display panel with the above details.”

The judge pointed out, “The definition of the term ‘pre-packed commodity’ in Section 2(l) that it is ‘a commodity which, without the purchaser being present, is placed in a package of whatever nature’, necessarily excludes fast food items and beverages which are sold in the open, in a non-packaged form, and which are served in containers such as paper/plastic plates, paper etc., and items that can be customised on the spot for sale according to the preferences of the customer.”

The judge ruled that the Controller of Legal Metrology could not confer powers on himself which are not conferred on him by the statute in regard to non-packaged commodities and harass owners.

THE JUDGE ruled that the metrology controller cannot confer powers on himself which are not conferred on him by the statute in regard to non-packaged commodities and harass owners.

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