RAVINDER RAJ versus M/S. COMPETENT MOTORS CO. PVT. LTD. & ANR.

RAVINDER RAJ versus M/S. COMPETENT MOTORS CO. PVT. LTD. & ANR.

The petitioner is liable to pay the extra price arising from enhanced excise duty prior to the delivery of the vehicle, as per Section 64A(1)(a) of the Sale of Goods Act, 1930, in the absence of any evidence establishing deliberate delay or negligence by the respondents.

Parties
Petitioner: Ravinder Raj; Respondent: Competent Motors Co. Pvt. Ltd.; Respondent: Maruti Udyog Limited
Jurisdiction
India
Judgment Date
10 February 2011
Procedural Posture
Special Leave Petition (civil) / Supreme Court Final Order
Outcome
Special Leave Petition dismissed
Legal Topics
Enhancement of Excise Duty, Sale of Goods, Liability for Increased Price, Section 64 a of Sale of Goods Act
Consumer Law Contract Law Enhancement of Excise Duty Sale of Goods Liability for Increased Price Section 64 a of Sale of Goods Act

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Parties

Ravinder Raj

Petitioner

Competent Motors Co. Pvt. Ltd.

Respondent

Maruti Udyog Limited

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Final Order

Legal Issues

  1. 1 Who is liable to pay the increased price resulting from enhancement of excise duty prior to delivery of a vehicle under Section 64A(1)(a) of the Sale of Goods Act, 1930?
  2. 2 Does delay in delivery of the vehicle by the manufacturer and dealer shift the liability of increased price to them?

Ratio Decidendi

The petitioner is liable to pay the extra price arising from enhanced excise duty prior to the delivery of the vehicle, as per Section 64A(1)(a) of the Sale of Goods Act, 1930, in the absence of any evidence establishing deliberate delay or negligence by the respondents.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition in which interest on the amount claimed has been prayed for does not survive and is also dismissed.
  • No orders as to costs in both matters.