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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

A business (Vinod and Company) claimed a premium of Rs 1,23,223 under an REP (Replenishment) licence granted under the government's Exim policy (1988-1991), arguing the denial was a breach of consumer rights under the Consumer Protection Act, 1986. The Supreme Court held that granting export incentives under the Exim policy does not constitute rendering a 'service' within that Act. The policy is part of the State's fiscal and regulatory control over foreign trade, not a consumer service. Therefore, the person claiming such benefits is not a consumer, and consumer forums lack jurisdiction. The appeal was allowed and the decision of the National Consumer Disputes Redressal Commission was set aside.

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Consumer Protection Administrative Law Fiscal Policy Foreign Trade Export-Import Policy Jurisdiction

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