JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

1. Delay condoned.

2. Leave granted.

3. This appeal raises an interesting issue as to whether a person who has made a claim under an REP licence issued in terms of the import and export policy[Exim policy]-in this case, the policy for April 1988 to March 1991 - is a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986[“Act”]. Allied to this issue is whether in providing benefits under the terms of the Exim policy, the government renders a ‘service’ so as to make it amenable to the jurisdiction of the consumer fora established under the Act.

4. The facts, insofar as they are material, are that the respondent carried out exports from 1988 to 1993. The respondent applied for the grant of an REP licence in the f.o.b. value of Rs 6,16,116 for which it was entitled to a premium of 20 per cent on the amount of exports under the scheme. Since the scheme for the issuance of REP licence was discontinued, the premium of Rs 1,23,223 was not paid. The respondent received an intimation that the Additional Chief Controller of Imports and Exports had passed an order on 3 September 1991 holding in abeyance the grant of premium fro