PREM G.S. INTERNATIONAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE prayer in this writ petition is for a mandamus to the Respondents to pay a sum of Rs. 29,32,660/- to the Petitioner with interest @ 24% p.a. with quarterly rest till final realization of money.

(2.) PURSUANT to the notification dated 31st August 1990 issued by the Joint Secretary to the Government of India, Ministry of Textiles regarding a scheme for export of the garments from India during the year 1991 the Petitioner was granted export licence (VISA) for export of 6000 dresses to M/s Ivory International, Miami, USA. Due to the change of fabric from cotton to rayon, the Petitioner applied for grant of extension of time to execute the order after depositing 30% bank guarantee with the Apparel Export Promotion Council (AEPC). Extension up to 10th May 1991 was granted by the AEPC. The goods were to be shipped from Madras.

(3.) THE Petitioner filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) against the Respondents challenging the forfeiture of 40% of the bank guarantee amount since the failure to export was for no fault of the Petitioner. According to the Petitioner, the Respondent submitted falsely before the NCDRC that the Petitioner had failed to execute the export orders within the extended time of 31st May 1991.