National Consumer Disputes Redressal
Dyna Impex (P) Ltd. vs Export Credit Guarantee Corpn. Of India ... on 13 March, 2002
ORDER
J.K. Mehra, J. (Member)
1. This Original Petition has been filed by M/s. Dyna Impex (P) Ltd. against the Export Credit Guarantee Corporation of India ltd. claiming the following reliefs:
(a) The Opposite Party, Corporation be ordered and directed to pay a sum of Rs. 58.01 lakhs with interest at the rate of 18% p.a. from 15.11.1996 to the date of payment or such other amount as and by way of compensation for the deficiency in service for unlawfully and illegally repudiating the claim.
(b) Delay, if any, may be condoned.
(c) Cost of this complaint.
(d) Such other and further reliefs as this Hon'ble Commission may deem fit and proper in the facts and circumstances of the case.
2. The facts in brief are that the Complainant had applied for a credit limit of Rs. 44.18 lakhs w.e.f. 1.4.1993 to 31.3.1995. The Opposite Party has approved the credit limit to the extent of Rs. 15 lakhs. The Complainant is an exported and had taken up a policy from the Export Credit Guarantee Corporation of India for a sum of Rs. 50 lakhs. The amount payable under the policy was paid to the Complainant. Thereafter, the Opposite Party demanded further amount to reinstate the policy which was also done. On such payment being made, policy was deemed to have been reinstated fully for a sum of Rs. 50 lakhs. The fact that policy was reinstated for the full amount has been disputed by the Opposite Party.
3. A claim arose and the insured lodged a claim on the Opposite Party who repudiated the claim on the plea that they had already paid full amount payable. It is not clear whether any policy of reinstatement was issued by the Opposite Party. This fact is clearly disputed and no clear evidence is being lead in support of this nor any document has been shown to us whereby fresh policy had been issued or existing one wherein payment was once made had been reinstated. It is in the light of this fact we find it difficult to pass any order in favour of the Claimant in the absence of sufficient evidence which more appropriately can be lead in a civil suit. Consequently, this complaint is dismissed without prejudice to the rights of the Complainant to approach civil court or any other appropriate forum.