w w w . L a w y e r S e r v i c e s . i n



M/s. International Corporation v/s Export Credit Guarantee Corporation of India Ltd.


Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- D B H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1950PTC057209

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- CREDIT GUARANTEE CORPORATION OF INDIA LIMITED [Strike Off] CIN = U99999MH1971PLC014951

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- G N B CREDIT PVT LTD [Amalgamated] CIN = U65929WB1990PTC048201

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- INTERNATIONAL CREDIT CORPORATION LIMITED [Active] CIN = U74899DL1984PLC019667

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- H G E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U19115UP2011PTC045112

Company & Directors' Information:- K L EXPORT PRIVATE LIMITED [Active] CIN = U51399DL1999PTC098392

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- H C S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15312PB2012PTC036219

Company & Directors' Information:- L N G INTERNATIONAL LIMITED [Active] CIN = U51909DL1993PLC053438

Company & Directors' Information:- R G CREDIT PVT LTD [Active] CIN = U65992WB1992PTC056496

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- R T S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63022DL1997PTC089328

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- V. S. Y. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035521

Company & Directors' Information:- U M I INTERNATIONAL LTD [Strike Off] CIN = U51909WB1990PLC049671

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- H AND Z INTERNATIONAL LIMITED [Active] CIN = U10102AS1995PLC004509

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- D. J. INTERNATIONAL LIMITED [Strike Off] CIN = U65910MH1999PLC119298

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- J M INTERNATIONAL PVT LTD [Active] CIN = U45201WB1991PTC050829

Company & Directors' Information:- G D N EXPORT PRIVATE LIMITED [Active] CIN = U18204TZ2015PTC021784

Company & Directors' Information:- D M W EXPORT PRIVATE LIMITED [Active] CIN = U51392DL2004PTC126189

Company & Directors' Information:- D P C INTERNATIONAL PVT LTD [Active] CIN = U74210WB1984PTC037378

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- N H B INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U67190MH1997PTC107387

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- M K N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117207

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- A & F INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U00265KA1995PTC018998

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- B L S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033210

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- N J INDIA INTERNATIONAL LIMITED [Strike Off] CIN = U70101UP2004PLC028722

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- H P AND B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50500DL1999PTC100851

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- B H K EXPORT PRIVATE LIMITED [Active] CIN = U51909DL2005PTC137879

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- A P CREDIT PVT LTD [Active] CIN = U65993WB1993PTC060229

Company & Directors' Information:- C L C EXPORT PVT LTD [Strike Off] CIN = U19129WB1991PTC053347

Company & Directors' Information:- EXPORT INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U74899DL1972PTC006390

Company & Directors' Information:- M B CREDIT PVT LTD [Amalgamated] CIN = U67190WB1990PTC048536

Company & Directors' Information:- S J B EXPORT PVT LTD [Under Process of Striking Off] CIN = U51909WB1985PTC038755

Company & Directors' Information:- H S CREDIT PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044366

Company & Directors' Information:- S M CREDIT CO PVT LTD [Strike Off] CIN = U67120WB1969PTC027496

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- S. S. N. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29306DL1981PTC012616

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- K T C EXPORT PRIVATE LIMITED [Active] CIN = U51109WB1998PTC087150

Company & Directors' Information:- A H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U55101RJ2021PTC073171

Company & Directors' Information:- B T EXPORT PVT LTD [Strike Off] CIN = U14101WB1989PTC047974

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- T B S EXPORT PRIVATE LIMITED [Active] CIN = U51311DL1996PTC079761

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- J D K INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC014087

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- R A R E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U31900DL2005PTC134395

Company & Directors' Information:- D L S EXPORT PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC087228

Company & Directors' Information:- D I D INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U28112MH2014PTC258750

Company & Directors' Information:- S R A INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1980PTC010389

Company & Directors' Information:- K K EXPORT PVT LTD [Strike Off] CIN = U51494WB1989PTC046038

Company & Directors' Information:- B J EXPORT PVT LTD [Strike Off] CIN = U51901WB1965PTC026443

Company & Directors' Information:- J A EXPORT INDIA PVT LTD [Strike Off] CIN = U51909WB2005PTC106322

Company & Directors' Information:- R Z INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900KA2012PTC064445

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- K N J EXPORT PRIVATE LIMITED [Active] CIN = U51398DL2000PTC106318

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- I R EXPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U51398DL1996PTC075183

Company & Directors' Information:- V V R EXPORT PRIVATE LIMITED [Strike Off] CIN = U51900MH1996PTC100861

Company & Directors' Information:- H AND A EXPORT PRIVATE LIMITED [Strike Off] CIN = U51101CH2001PTC024763

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- H L EXPORT PRIVATE LIMITED [Active] CIN = U51909RJ2014PTC046039

Company & Directors' Information:- A P M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900TN2014PTC095953

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- G K EXPORT PVT LTD [Active] CIN = U51221WB1978PTC031298

Company & Directors' Information:- P P C EXPORT PRIVATE LIMITED [Active] CIN = U20296DL2006PTC153036

Company & Directors' Information:- B A J EXPORT PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC137880

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- R I K INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U52590DL2015PTC283801

Company & Directors' Information:- Y & H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63000DL2014PTC266649

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- B AND B EXPORT PRIVATE LIMITED [Strike Off] CIN = U18101RJ1998PTC014611

Company & Directors' Information:- V R S EXPORT PVT LTD [Strike Off] CIN = U51109WB1991PTC051009

Company & Directors' Information:- I S EXPORT PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC125444

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- INTERNATIONAL CO PRIVATE LIMITED [Strike Off] CIN = U51109UR1935PTC000663

Company & Directors' Information:- S V P EXPORT PRIVATE LIMITED [Strike Off] CIN = U51909DL1973PTC006525

Company & Directors' Information:- A B C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1990PTC041062

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

Company & Directors' Information:- B C I INTERNATIONAL LIMITED [Strike Off] CIN = U74900DL1977PLC008468

    First Appeal No. 596 of 2012

    Decided On, 21 October 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Appearing Parties: Badal Dayal, Amit Gupta, Bharat Sangal, Anindita Deka, Babita Khuswaha, Advocates.



Judgment Text

The appellant/complainant is a partnership firm, engaged in export of goods. The complainant/appellant supplied goods to an overseas buyer namely M/s QT Dog LLC. The complainant/appellant obtained an insurance cover from the respondent in respect of the consignment of goods sent to the overseas buyer. The overseas buyer having not paid the price of the goods, the complainant/appellant raised a claim with the respondent, in terms of the insurance cover which it had taken in order to cover the risk. The claim was repudiated vide letter dated 12.05.2008 which, to the extent it is relevant, reads as under:This has reference to your above claim filed alongwith connected papers. We regret to inform our inability to consider liability for the claim as following non-compliances of basic policy terms & conditions are observed in the claim-1. Clause (3)(a) act of omission or commission of any insurer of the goods:- M/s International Corporation & M/s Stelco Overseas Pvt. Ltd. are associate companies, as Mr. Ashok Jain and Mr. Anil Jain are the common directors/partners in both of companies, this was not communicated by you while submitting your SSP Proposal.2. Clause (3)(d):- There is dispute raised by the buyer due to non-performing the obligations under the Contract and supply of goods of poor quality by M/s Stelco Overseas Pvt. Ltd. As per records available with the Corporation, since the management of both the companies is common, both are associate companies. The buyer's contention that they are equally responsible to fulfill the earlier pending orders by M/s Stelco Overseas Pvt. Ltd. is in order.M/s Stelco Overseas Pvt. Ltd. was holding SCR Policy from SME Delhi Branch and not paid the premium of the shipment declarations for the period April 2002 to Jan 2004, there is a shortage of RRs.57,995.00, which was called vide letter dated 24.05.2004 (copy enclosed).Thus our experience with your group concern has also not been good.2. Being aggrieved from the rejection of the claim, the complainant approached the concerned State Commission by way of a Consumer Complaint. The complaint was resisted by the respondent primarily on the grounds on which the claim had been rejected. The State Commission having dismissed the Consumer Complaint, the complainant/appellant is before this Commission.3. It would thus be seen from a perusal of the repudiation letter that the claim was repudiated on two grounds. The first ground was that STELCO Overseas Pvt. Ltd., through which the transaction was entered into by the complainant with the overseas buyer, was a sister concern of the complainant and this fact was concealed by the complainant while obtaining the insurance coverage. The second ground on which the claim was repudiated was that the buyer had claimed that the quality of the goods was poor and therefore, it was not liable to pay for the said goods.4. As regards the connections between the complainant and STELCO Overseas Pvt. Ltd., the submission of the learned counsel for the complainant/appellant is that STELCO Overseas Pvt. Ltd. is a company whereas the complainant is a partnership firm and both being independent legal entities, STELCO Overseas Pvt. Ltd. cannot be said to be a sister concern of the complainant. The case of the respondent as stated in the repudiation letter is that Mr. Ashok Jain and Mr. Anil Jain are Directors of STELCO Overseas Pvt. Ltd. as well as the partners of the complainant and therefore, these are the associate concerns. The learned counsel for the respondent has drawn my attention to a reply sent by the complainant to the legal notice received from the overseas buyer. In the reply dated 12.12.2007, sent to the overseas buyer through Takkar & Co., it was clearly stated in para 3 of the reply that STELCO Overseas Pvt. Ltd. was a sister company of the complainant M/s International Corporation. In view of the aforesaid admission contained in the reply to the legal notice, it is not open to the complainant/appellant to even claim that STELCO Overseas Pvt. Ltd. was not its sister concern.5. The case of the respondent is that STELCO Overseas Pvt. Ltd. being a defaulter in payment of the premium for the shipments made by it, the outstanding amount being Rs.57,975/-, it might not have granted the insurance cover had the complainant disclosed that STELCO Overseas Pvt. Ltd. was its sister concern. It is therefore, evident that the insurance coverage was obtained by concealment of a material fact which influenced the decision of the respondent on the question whether to accept the proposal for grant of the insurance coverage or not. The insurance coverage having been obtained by concealment of a material fact, the insurer is entitled to avoid the contract of insurance at its option and refuse to reimburse the complainant for the loss alleged to have been suffered by it.6. The legal notice dated 14.11.2007 sent by the overseas buyer to the complainant to the extent it is relevant, reads as under:9. That the terms and conditions of the agreement and the understanding between us was not respected by you from your very first delivery (third container cargo of the original contract) as it was much behind the schedule date and, on the top of it due to the faulty packaging, products were also damaged and crushed. Though my client had the right to reject the products but acting benevolently my client did not pressed upon the issue, as it was your very first delivery. But even your later deliveries also contained damaged products, which our client had to bear, as you did not take back the damaged products.10. That during the course of the business you have refused to comply with the conditions of the agreement. You the noticee never cared about the orders placed by our client and the agreement, which is evident from the fact that the full quantity of ordered products were not supplied and products supplied were of different description than ordered placed. That you did not meet the deadlines for delivery and time and again asked for time extension for Delivery by giving one excuse or the other, thus delaying the delivery substantially.It would thus be seen that according to the overseas buyer, the goods supplied by the complainant/appellant were damaged goods which the complainant did not take back. The legal notice also shows that the products supplied by the complainant were of different description than the goods ordered by them and the complainant had even failed to meet the deadline for delivery of the goods.7. Clause 3(d) of the insurance policy reads as under:3 (d) the failure or refusal on the part of the buyer to accept the goods and/or to pay for them due to his claim that he is justified in withholding payment of the contract price or the gross invoice value of the said goods or any part thereof by reason of any payment, credit, sell-off or counterclaim and/or due to his claim that, for any other reason he is excused from performing his obligations under the contract, unless, except where the Corporation agrees in writing to the contrary, the insured has, for the amount of his loss, obtained by legal proceedings in a competent court of law in the country of the buyer a final judgement enforceable against him;It would thus be seen that in the event of the buyer refusing to pay for the goods, claiming justification for withholding the payment, the insurer is not liable to reimburse the insured unless the insured is able to establish his claim by way of legal proceedings to be instituted in the country of the buyer. In the present case, the overseas buyer had sought to justify the withholding of payment on the grounds given in the legal notice mentioned above and admittedly, no legal proceedings were instituted by the complainant/appellant against the said buyer to enforce the claim in the country of the buyer. Therefore, in view of the exclusion contained in clause 3(d) of the policy, the respondent is not liable to reimburse the complainant/appellant for the loss alleged to have been suffered by it on account of non-payment by the overseas buyer.8. The terms and conditions of the policy taken by the complainant/appellant from the respondent are mandatory in nature and the breach of the said terms and conditions would relieve the insurer of its obligations under the said policy.In M/s BHS Industries Vs. ECGC, (2015) 9 SCC 414, the Hon'ble Supreme Court inter-alia held as under:-"35.1. Clauses 8(a) and 19(a) deal with declarations and the exclusion of liability respectively. They are absolutely specific. Clause 2 deals with disclosure of facts. Clause 10 deals with incidence of premium and payment of additional premium and Clause 30 with uncovered risks. Clauses 8(a) and 19(a), which we have reproduced hereinabove are absolutely clear as crystal and as per the stipulations therein the insured has been cast an obligation under the policy. He is obliged under the policy to deliver to the Corporation a declaration on or before the 15th day of each calendar month in a prescribed format details of all shipments made during the previous month and even he is required to give a "NIL" declaration if no shipment has been made. Clause 19(a) refers to the declaration in terms of Clause 8(a). It also uses the words "without any omission". It adds a further postulate relating to payment of the premium in terms of Clause 10. The prescription of twin requirements in Clause 19(a) is cumulative. They cannot be read in segregation. The insured has to declare the shipments in terms of Clause 8(a) without omission and also pay the premium in terms of Clause 10. Premium of payment alone does not make the Corporation liable to indemnify the loss or fasten the liability on it. It is also required on the part o

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f the insured for the purpose of sustaining the claim to show that there has been compliance as regards the declaration. To construe Clause 8(a) that the insured has a choice to declare which shipment he would cover and which ones he would leave, would run counter to the mandate of the policy. It has to be borne in mind that these are specific clauses relating to the obligations of the insured. The attempt on the part of the appellant to inject the concept of payment of premium and the risk covered to this realm would not be acceptable.35.2. The general clauses basically convey which risks are covered and which risks are not covered and how the premium is to be computed and paid. What eventually matters is where the liability of the insurer is exclusively excluded, the said clauses of the policy are absolutely clear unequivocal and unambiguous. The insured after availing a policy in commercial transactions is to understand the policy in entirety."9. For the reasons stated hereinabove, I find no merit in the appeal which is accordingly dismissed with no order as to costs.
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