In Brief
The Supreme Court held that an exporter claiming benefits under an REP (Replenishment) licence under the Exim policy is not a consumer under the Consumer Protection Act, 1986. The Court ruled that when the government formulates and implements the Exim policy to regulate foreign trade and provide incentives to exporters, it does not render a service. Therefore, disputes arising from REP licence benefits fall outside the jurisdiction of consumer forums. By analogy with the Bihar School Examination Board case, regulatory incentives granted by the State do not make it a service provider, and their beneficiaries are not consumers.
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