Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sale of Goods Act 1930 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Sales of Goods Act (0 of 1930) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Sale of Goods Act, 1930- s.64-A (1)(a) - Enhancement of excise duty prior to delivery of the vehicle' - Liability to pay extra price - Customer booked a car with the manufacturer. Customer was asked to complete the modalities for delivery of the car. Indication in the proforma invoice that the price prevailing at the time of billing would be applicable - Billing of the car done a year later. Meanwhile, increase in excise duty resulting in price hike - Deposit of the excess amount by customer under protest - Plea of the customer that since he was not responsible for the delay in the delivery of the vehicle, he was not liable to bear the increase the price . Held: In terms of s. 64-A (1 )(a), it is the liability of the .customer to pay the extra price when the excise duty had been enhanced prior to the delivery of the vehicle - On facts, no evidence to show that there was any deliberate intention on the part of the manufacturer and the dealer to delay the delivery of the vehicle - Thus, the order passed by the National Commission that the increase in price by way of additional taxes is to be borne by the customer and not by the manufacturer, upheld.Omprakash vs. Assistant Engineer, Haryana Agro Industries Corpn. Ltd. 1994 (3) SCC 504; Mohinder Pratap G Dass vs. Modem Automobiles and Anr. 1995 (3) SCC 581 - distinguished. |
Judge | N/A |
Neutral Citation | 2011 INSC 115 |
Petitioner | Ravinder Raj |
Respondent | M/s. Competent Motors Co. Pvt. Ltd. & Anr. |
SCR | [2011] 2 S.C.R. 756 |
Judgement Date | 2011-02-10 |
Case Number | 10364 |
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