Consumer affairs minister Ram Vilas Paswan said on Friday that Those selling bottled water and cold drinks at more than their maximum retail price, including at airports, restaurants, and multiplexes, could attract penalty and jail terms. 

Citing the common experience of consumers, the minister said packaged drinking water is often found selling at 10-20% higher rates at such locations and there are also cases where some of these bottles have been found to carry no mention of any MRP. Paswan was speaking on the sidelines of an event commemorating the 47th World Standards Day on Friday.

Section 36 of Legal Metrology Act clearly says anyone caught selling, distributing or delivering any pre-packaged commodity that does not conform to the declarations on the package shall be punished with fine up to Rs 25,000 for the first offense. It can increase to Rs 50,000 for the second offense and subsequent offenses can attract a fine of up to Rs 1 lakh or imprisonment for one year or both.

Paswan said despite a couple of court orders, water bottles are still sold above MRP in multiplexes and airports. "Consumers need to be more aware and file complaints. If there is no complaint, how can we take action?" he observed.

After the Legal Metrology Act became applicable in 2009, the hotel and restaurant associations had challenged the High Court order in the Supreme Court. But their plea was dismissed.

Last February, country's apex consumer commission, NCDRC, had imposed Rs 5 lakh penalty on a multiplex for selling water above MRP.

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