Professional Documents
Culture Documents
1 Upto 200g/ ml 1 2
3 Above 500g/ m 4 6
Serial Number Net quantity in length, area Minimum height in mm
or number,
area of principal display
panel
Normal case When blown ,
formed,
molded, embossed
or
perforated on
container
Issue raised: Whether sun glasses can be considered "pre-packed commodity" under
Rule
2(l) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977.
Decision: The Supreme Court upheld the decision of the High Court and said that the
expression "pre-packed commodity" would be applicable to commodities which are
packed and the commodity packaged has a pre-determined value and that value cannot
be altered without the package sold being opened at the time of sale or the product
undergoes a modification on being opened. Also, Explanation I to Rule 2(l) of the Rules
is not attracted because the package is not opened for the purpose of testing as in the
case of electric bulbs. The sun glasses are tested by the buyer for his suitability only, and
therefore, sun glasses, whether it be a frame or glass is not a pre-packed commodity
within the definition of the expression "pre-packed" under Rule 2(l) of the Rules.
Facts of another Civil Appeal: The Inspector of Metrology (one of the Appellant's) had
visited the Respondent's godown and seized various packages of packed commodities
such as Candy man, Minto-Fresh, Kitchens of India Badam Halwa and Ashirvaad Atta
etc. The reason given for seizure was that on the wholesale packets, the details regarding
the name and addresses of the manufacturer, cost, month, year etc. had not been
declared and also the retail sale price was not mentioned which was in violation of the
Rules.
Issue raised: Whether Candy man, Minto-Fresh, Kitchens of India Badam Halwa and
Ashirvaad Atta etc. can be considered as a wholesale package within the definition of the
expression "wholesale package" under Rule 2(x) of the Standards of Weights and
Measures (Packaged Commodities) Rules, 1977.
Decision: It was upheld by the Supreme Court that package used merely for protection
during conveyance or safety would not be pre-packed commodity for purpose of Act and
Rules. For a package to be treated as a wholesale package, the package must not be a
secondary package. Secondary outer packing for transportation or for safety of goods
being transported or delivered could not be described as a wholesale package.
Comment: Appeals have been referred to a larger bench since there is conflicting earlier
decision in Whirlpool's case.
M/s. India Photographic Co. Ltd. Vs. H.D. Shourie (1999)
Facts: The Respondent, a consumer, had complained against the Appellant since the
Appellant, who was selling films as representative of Kodak, was selling Kodak films
without price printed on it.
Issue raised: Whether any rule nor any statute mandated or cast upon the dealers an
obligation to exhibit /publish or print the price on the films rolls being imported and
sold in India by its distributor.
Decision: The Supreme Court upheld the decision of the National Consumers Disputes
Redressal Commission and said that accepting the plea of the dealer would frustrate the
provisions and object of the Consumer Protection Act and thereby, encourage the
retailers or distributors of foreign made goods to charge prices according to their
convenience without letting the consumer know the actual price of the commodity.
Accordingly, it held that dealers are also obliged to display the price. It also held that
neither manufacturer nor distributor nor retailer could escape the liability of complying
with provisions of Rule 6, i.e. making of mandatory declarations on a package.
ITC Ltd. Vs. State Nct of Delhi and Ors. (2008)
Facts: An inspection had been carried out at a distributor's store which was
selling Petitioner's products and a complaint had been filed against the
Petitioner, since he was the manufacturer, for not printing the price of the
cigarettes on the packet.
Decision: It was held by the Delhi High Court that wholesale package need
not contain the information that is required to be contained on a retail
package. Packages covered by Rule 29, which provides for mandatory
declarations on wholesale packages, would be outside the purview of retail sale
as retail prices are not required to be mentioned on such packages.