Buyer has to bear extra price due to enhancement in duty/tax rates prior to delivery of the vehicle

Brief- In the absence of any evidence of any deliberate intention on the part of the respondents to delay delivery of the vehicle, we are unable to agree with the petitioner that the increase in price has to be borne by the respondents. The petitioner had relied on two decisions of this Court in the case of Omprakash Vs. Assistant Engineer, Haryana Agro Industries Corpn. Ltd., 1994(3)SCC 504 and Mohinder Pratap Dass Vs Modern Automobiles and Anr. 1995(3)SCC 581, on the same issue. The said two decisions in our view are not applicable to the facts of this case, on account of the fact that in the said two matters patent deficiency in the service had been found by the Court and it was also pointed out that there was no satisfactory explanation for the delay in delivery of the goods to the consumers, which is not the case as far as this particular matter is concerned.

Citation- Ravinder Raj Versus

M/S. Competent Motors Co. Pvt. Ltd. & Anr.

Judgement

IN THE SUPREME COURT OF INDIA

Please become a Premium member. If you are already a Premium member, login here to access the full content.