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Supreme Court of India 2019-07-11 allowed

Secretary, Ministry of Commerce & Ors vs Vinod and Company

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

An exporter claimed a premium of Rs 1,23,223 under an REP licence granted under the Exim Policy (1988–1991) after the scheme was discontinued. The exporter filed a consumer complaint seeking the premium and compensation. The Supreme Court held that providing incentives under the Exim policy is an exercise of fiscal policy and regulatory control over foreign trade, not a service within the Consumer Protection Act. Therefore, an exporter is not a 'consumer', and consumer forums lack jurisdiction to entertain such claims. The appeal was allowed and the NCDRC's judgment was set aside.

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Consumer Protection Export Policy Administrative Law Fiscal Policy Jurisdiction of Consumer Forums

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