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Charged more than the MRP? What the law says

Packaged goods in India must carry an MRP that includes all taxes. Here's when charging above it breaks the rules, the restaurant exception, and where complaints go.

Reviewed by Anjali, Naveen & ZiyanaUpdated 4 min readRules vary by state ↓

In short

  • Packaged goods sold to consumers must show a Maximum Retail Price (MRP) inclusive of all taxes.
  • Selling a packaged product above its MRP breaks the Legal Metrology law (the Legal Metrology Act, 2009 and the Packaged Commodities Rules, 2011) and can lead to action and penalties.
  • Complaints can go to your state's Legal Metrology department, the National Consumer Helpline (1915), or a Consumer Commission.
  • Exception: the Supreme Court has held that hotels and restaurants serving packaged items as part of their service are not bound by the MRP in the same way.

Reviewed by 3 advocates · 2 Bar Councils

  • Approved ·

    Practises civil and consumer law

    Reviewed this guide for accuracy against the sources listed below.

02What the law says

The Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 require pre-packaged goods sold at retail to carry certain declarations, including the MRP inclusive of all taxes. Selling a packaged commodity at a price higher than the MRP declared on it is not allowed, and the state's Legal Metrology officials can take action, including penalties. The Act's enforcement provisions have recently been amended, so the exact steps officials take, especially for a first contravention, can be checked with the state's Legal Metrology department. Enforcement is handled by each state, so contact details and procedures differ.

Separately, overcharging can be an unfair trade practice under the Consumer Protection Act, 2019. A Consumer Commission can order a refund of the excess and compensation.

In 2017, in Federation of Hotel and Restaurant Associations of India v. Union of India, the Supreme Court held that the legal metrology law does not stop hotels and restaurants from charging above MRP for items like bottled water served on their premises, because the sale is part of a service. Shops selling packaged goods over the counter are a different situation.

Your state

General information for India. State-specific notes are listed below.

Karnataka · Karnataka: Legal Metrology complaints

In Karnataka, complaints about selling packaged goods above MRP can be made to the Controller of Legal Metrology (Weights & Measures), Government of Karnataka, No. 1, Ali Askar Road, Bengaluru 560 052. The department's official e-Mapan website is listed on the National Portal of India: e-Mapan, Legal Metrology Department, Karnataka (opens in new tab). Check the department's website for current contact details.

Controller of Legal Metrology (Weights & Measures), Government of Karnataka (opens in new tab)

Tamil Nadu · Tamil Nadu: Legal Metrology complaints

In Tamil Nadu, Legal Metrology is part of the Labour Department. Its consumer page says selling packaged goods above MRP is an offence and that complaints about excess pricing can go to the Controller of Legal Metrology, Office of the Commissioner of Labour, Labour Officers' Quarters Campus, P-Block, 6th Avenue, Anna Nagar, Chennai 600 040. Phone: 044-24321438. Email: clmtamilnadu@gmail.com. Locally, the law is enforced by Assistant Commissioners of Labour, Deputy Inspectors of Labour and Assistant Inspectors of Labour.

Controller of Legal Metrology, Office of the Commissioner of Labour, Government of Tamil Nadu (opens in new tab)

03Where you can go

  1. At the counter. Many people first point out the MRP and ask for the correct price and a bill.
  2. Legal Metrology department of your state. Most states list a helpline or email for complaints.
  3. National Consumer Helpline. Call 1915 or file at consumerhelpline.gov.in (opens in new tab).
  4. District Consumer Commission through e-jagriti.gov.in (opens in new tab), if you want a refund and compensation.

04How it usually works

  1. 01

    People usually keep the bill and a photo of the MRP on the pack.

  2. 02

    It is reported to the Legal Metrology department or the helpline. They can inspect and act against the seller.

  3. 03

    A refund with compensation comes through a consumer complaint.

05Time limits

  • Two years to file a consumer complaint. Legal Metrology complaints are usually made promptly so officials can inspect.

06Documents to gather

  • Bill or receipt showing the price charged
  • Photo of the pack showing the MRP
  • Name and address of the shop, and date and time
  • Any written or recorded response from the seller

07Common questions

For packaged goods sold over the counter, the MRP is meant to include all taxes and charges. Whether a particular extra charge is lawful depends on the facts.

That depends on how the sale happens. The Supreme Court's ruling was about hotels and restaurants serving items as part of a service.

Legal Metrology action is about penalising the seller. A refund and compensation usually come through a consumer complaint.

08Questions to ask an advocate

If you speak to an advocate, these questions can help make the conversation useful.

  • Is my case a Legal Metrology offence, an unfair trade practice, or both?
  • Does the restaurant exception apply to where I was charged?
  • Is it worth filing a consumer complaint for the amount involved?

09Sources

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This guide is general legal information for India, not legal advice. Laws and procedures change and can differ by state. For advice on your situation, speak to a qualified advocate.

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