V.K. MANCHANDA BRANCH MANAGER EXPORT CREDIT GUARANTEE Vs. M/S. MOHD. IBRAHIM & SONS KUNJAL GIRIS GARDEN

JUDGEMENT

(1.) All these revision petitions arise out of common order of State Commission; hence, decided by common order.

(2.) These revision petitions have been filed by the petitioner against the order dated 23.10.2007 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 1054-1057/1996 V.K. Manchanda & Ors. Vs. M/s. Mohd. Ibrahim & Sons by which, while dismissing appeals, order of District Forum allowing complaints was upheld.

(3.) Brief facts of the case are that Complainant/respondent for the purpose of export sent request to OP No. 1/Petitioner for credit limit and also got insured export of goods upto Rs.10,00,000/- for a period of two years from 1.9.1991 to 31.8.1993. On receiving permission, complainant exported goods within credit limit and also paid premium charges. Buyer refused to receive the exported goods, in such circumstances, complainant was compelled to sell the goods to another person on a discounted price after intimation to OP and suffered loss of Rs.3,38,578/- in Complaint No. 172/94, Rs. 97,989/- in Complaint No.174/94, Rs.1,49,698/- in Complaint No.178/94, Rs.1,14,387/- in Complaint No. 20/95. Claim was repudiated by OP. Alleging deficiency on the part of OP, complainant filed four complaints before District Forum. OP resisted complaints and submitted that complainant took policy from 23.8.1989 to 31.8.1993 for export and assured to compensate the loss occurring to goods due to unforeseen circumstances subject to timely payment of premium. It was further submitted that premium to policies is received at the time of shipment after declaration by the export with the documents. As per terms of policy it was necessary for the complainant to declare all the shipments and making shipments without declaration amounts to violation of terms and conditions of the policy. During the said period, complainant had made more than 100 shipments to various countries but declared only 10 shipments and by not paying premium for rest of the shipments, played fraud and made illegal gains. It was further submitted that 10 shipments were declared only because complainant was doubtful about the payment of aforesaid shipments. OP has rightly repudiated the claim and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaints and directed OP to make payment with interest. Appeals filed by the OP were dismissed by learned State Commission vide impugned order against which, these revision petitions have been filed.