Legal metrology issue from uttar pradesh

This query is : Resolved 
 

(Querist)
12 July 2020

A company in Kerala was earlier selling certain products on Amazon.in.

The company has received a notice from Senior Inspector, Legal Metrology (Weights & Measures) Muzaffarnagar, Uttar Pradesh, stating that the company has violated section 18(1)/36(1) of ‘the Legal Metrology Act, 2009’, read with rule 5 (Second Schedule, serial number 8) of ‘Legal Metrology (Packaged Commodities) Rules, 2011’

The Company has since withdrawn the product from sale under Amazon.in. Further, no sales have been made till date to any customers in Uttar Pradesh.

The Company has been asked to to opt for compounding of offence u/s 48(1), else face criminal action in the court.

Questions/ requirement:
1. Does the UP Legal Metrology department have jurisdiction over a Kerala company?
2. Does the UP Legal Metrology department have jurisdiction when no sales are made in Uttar Pradesh?
3. What is the best way forward to address this issue?


Dr J C Vashista (Expert)
13 July 2020

1. The cause of action has arose in Muzaffarpur (UP) hence they have jurisdiction.
2. The product was found deficient and booked in UP which is not for future sales.
3.Get the notice compounded by payment of fine or face prosecution.

P. Venu (Expert)
13 July 2020

What is the real violation involved?

K SANTOSH SAGAR (Querist)
13 July 2020

Dear Sirs, thank you for your response.

The violation was regarding manufacture of a product with non-standard quantity (150g and 200g were specified, but the quantity packed and printed was 170g)

1. Can you please clarify how the cause of action arose in UP when there was no sale in UP?
2. How can someone assume jurisdiction and issue notice when there is no registration and there is no actual violation?

Rajendra K Goyal (Expert)
13 July 2020

You said:
1. Does the UP Legal Metrology department have jurisdiction over a Kerala company?

Reply:

If the product is supplied in UP, it has jurisdiction.

You said:
2. Does the UP Legal Metrology department have jurisdiction when no sales are made in Uttar Pradesh?

Reply:

If no sale / supply is done in UP, it has no jurisdiction.

Rajendra K Goyal (Expert)
13 July 2020

You said:
3. What is the best way forward to address this issue?
Reply:
Discuss with lawyer at concerned place.

Rajendra K Goyal (Expert)
13 July 2020

It seems that the product was supplied / sold in UP. In such case jurisdiction of UP is applicable.
When there is deficiency in weight of the product as printed and actual weight, sufficient cause of action exist.
Refer UP Legal Metrology (Weights & Measures) Act to know the jurisdiction and other factors which is available online.

Dr J C Vashista (Expert)
14 July 2020

If you have not made any supplies for sales or sales in Muzaffar Nagar (UP), how did the Senior Inspector Legal Metrology (W & M) has taken cognizance and issued instant notice ?

P. Venu (Expert)
14 July 2020

The facts posted suggest that the officer in UP has no jurisdiction.

Rajendra K Goyal (Expert)
14 July 2020

The product seem to have been sold in UP through online process through Amazon.



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