What if a packaged product weighs less than what is declared on the label?
I bought a packaged food item and found it weighed less than what was printed on the label. I want to know my legal remedy. Before I spend money on it, I want to know whether Legal Metrology Act 2009, Section 11 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.
Legal Metrology Act 2009, Section 11, Legal Metrology (Packaged Commodities) Rules 2011, Rule 6 and Legal Metrology Act 2009, Section 36 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.
Section 11 of the Legal Metrology Act 2009 prohibits any transaction, quotation or declaration that does not conform to a standard unit of weight or measurement.
Rule 6 of the Legal Metrology (Packaged Commodities) Rules 2011 mandates accurate declaration of net quantity on every pre-packaged commodity, and manufacturers must maintain that tolerance limit.
Selling a packet that is short in weight beyond the permissible error is an offence under Section 36 of the Legal Metrology Act 2009, attracting fine and imprisonment.
As a consumer you can also treat this as a deficiency in the goods supplied and claim a refund or replacement along with compensation.
Repeated short-weighing by a manufacturer can be reported for prosecution as well as pursued individually as a consumer complaint.
In practice, in this order: 1) Weigh the product on a certified scale and photograph the discrepancy with the packaging intact; 2) Lodge a complaint with the Legal Metrology Controller of your state; 3) File a consumer complaint for refund and compensation for deficiency in goods; 4) Report the brand to the National Consumer Helpline for wider action.
Timing matters here: Legal Metrology Act 2009, Section 11 works on limitation periods, so a short weight complaint claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.
Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.