Bombay High Court Orders Temporary Ban On Sale/Purchase Of GMMC Company's Meters For Auto-Rickshaw's Across India Due To Quality Issues

The Bombay High Court last week ordered the Controller of Legal Metrology (CLM), Maharashtra to ensure that the auto-rickshaw fare metres manufactured by Global Meter Manufacturing Company (GMMC) are not sold in the market till further orders.This comes after a division bench of Justices Ravindra Ghuge and Ashwin Bhobe came across a 'shocking revelation' that the GMMC in official records, has furnished three different addresses, from where it manufactures the meters, yet despite an enquiry, the company was not found on any of the three locations in Pune. The bench also noted that the GMMC was circulating 'plastic body' made meters for sale in the open market, across India. "Considering the glaring situation and keeping in view that each day, such meters could be sold in this country in lakhs thereby complicating the further course of action of recalling of such meters, and in the light of the statement of the Advocate for GMMC that it would stop circulating and distributing such meters, we direct that the meters manufactured by Global Meter Manufacturing Company, shall not be sold in the market, until further orders. We direct the Controller of Legal Metrology, Maharashtra to immediately bring this order to the notice of the public at large," the judges said in the order passed on January 31. Further, the judges ordered the GMMC to file an affidavit and place on record, the stock statement with serial numbers and units sold under the manufacturing name Global Meter Manufacturing Company from which ever addresses it may have shown for the last 5 years. "It is rightly pointed out by the Advocate for the Union of India, that the State Legal Metrology Department has the authority to carry out an inspection. We direct CLM to inspect all these purported factories and all these four addresses, inclusive of the address on which the approval was granted in the year 2006, and seize the documents pertaining to the manufacture, the sales and distribution of Global Meter Manufacturing Company," the bench ordered. The judges noted that on February 13, 2023, the Deputy Regional Transport Officer, Vasai wrote to the Manager of this factory that there is a serious complaint about the meters manufactured by the GMMC. The deficiencies were set out in the said communication, that the metal body has been replaced by a fibre/plastic body and such meters are being sold in the market unauthorisedly, the officer, wrote to the GMMC. This was pursuant to a complaint filed by advocate Akshay Kamble, who on January 28, 2023, made a formal complaint. The bench was shocked to note, that the three addresses provided by the GMMC, were actually bogus as the authorities could not find the company or its factory, operating from these sites. It noted that in one of the sites, a school was functioning, while another company operated in the second site. The Third site, too did not housed the GMMC's factory, as claimed by it in affidavit. Therefore, the bench, ordered the authorities to ensure that the GMMC meters aren't made available in the open market, till further orders. "We also direct the Union of India to verify and to state as to the life span of the approval granted on 13th April, 2006, to Respondent No.8, to manufacture the 'RTX-2005' series with brand name 'GLOBAL'," the bench ordered. The matter will be next heard on February 28.Appearance:Advocates Akshay Patil, Kshitij Madekar, Akshay Kamble, Neha Patil, Pritesh Bodekar, Trupti Poojary and Devika Madekar instructed by Vivaka Partners appeared for the Petitioner.Additional Government Pleader BV Samant and Assistant Government Pleader VG Badgujar represented the State.Advocates Mohamedali Chunawala and Ashotosh Mishra represented Union of India.Advocate Arshad Nehal represented the GMMC.Case Title: Rais Mamoodiya Shaikh vs Union of India (Writ Petition 6065 of 2024)Click Here To Read/Download Order

Bombay High Court Orders Temporary Ban On Sale/Purchase Of GMMC Company's Meters For Auto-Rickshaw's Across India Due To Quality Issues

Narsi Benwal

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