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



Sakthi Fashions, Manufacturers & Exporters of Fabrics and Garments, Represented by its Proprietrix v/s Export Credit Guarantee Corporation of India Ltd, Represented by its General Manager


Company & Directors' Information:- INDIA FASHIONS LIMITED [Active] CIN = U18101MH2005PLC156779

Company & Directors' Information:- J J EXPORTERS LTD [Active] CIN = L17112WB1972PLC028631

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

Company & Directors' Information:- D R GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18101GJ2005PTC046010

Company & Directors' Information:- R. R. GARMENTS LIMITED [Active] CIN = U51900MH1995PLC095544

Company & Directors' Information:- K S V EXPORTERS PVT LTD [Active] CIN = U52201KL1991PTC006093

Company & Directors' Information:- S G GARMENTS LIMITED [Active] CIN = U18101WB2004PLC098193

Company & Directors' Information:- A R FABRICS PRIVATE LIMITED [Active] CIN = U17200DL2011PTC219522

Company & Directors' Information:- C K FABRICS PRIVATE LIMITED [Active] CIN = U17291TG2012PTC080223

Company & Directors' Information:- S L D R FABRICS PVT LTD [Active] CIN = U17111PB1987PTC007634

Company & Directors' Information:- K K P FABRICS PRIVATE LIMITED [Active] CIN = U65999TZ1988PTC002284

Company & Directors' Information:- K B FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL1999PTC098183

Company & Directors' Information:- J K T FABRICS PVT LTD [Active] CIN = U17120MH1981PTC025168

Company & Directors' Information:- K K P GARMENTS PRIVATE LIMITED [Active] CIN = U65921TZ1994PTC005334

Company & Directors' Information:- S K FABRICS PVT LTD [Active] CIN = U18101PB1983PTC005690

Company & Directors' Information:- S. K. FASHIONS PRIVATE LIMITED [Active] CIN = U18204CT2012PTC000157

Company & Directors' Information:- G M FABRICS PRIVATE LIMITED [Active] CIN = U17116MH1985PTC034978

Company & Directors' Information:- K D FASHIONS INDIA PRIVATE LIMITED [Active] CIN = U18101MH2002PTC134820

Company & Directors' Information:- A P FASHIONS PRIVATE LTD [Active] CIN = U51909WB1991PTC051934

Company & Directors' Information:- L T FASHIONS PRIVATE LIMITED [Active] CIN = U18101GJ1994PTC021109

Company & Directors' Information:- D. M. FASHIONS PRIVATE LIMITED [Active] CIN = U51109MH2009PTC190329

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- N K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC107093

Company & Directors' Information:- S H FASHIONS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC128342

Company & Directors' Information:- G M FABRICS PRIVATE LIMITED [Amalgamated] CIN = U17116MH2001PTC131468

Company & Directors' Information:- K. D. GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2005PTC101896

Company & Directors' Information:- C P FABRICS PRIVATE LIMITED [Strike Off] CIN = U17115PB1998PTC020891

Company & Directors' Information:- G AND A GARMENTS PVT LTD [Strike Off] CIN = U18101PB1995PTC016121

Company & Directors' Information:- G N FABRICS PRIVATE LIMITED [Active] CIN = U17116PB1997PTC019949

Company & Directors' Information:- L R FABRICS PRIVATE LIMITED [Active] CIN = U17110GJ2005PTC046905

Company & Directors' Information:- A. E. FASHIONS PRIVATE LIMITED [Converted to LLP] CIN = U18204DL1983PTC185012

Company & Directors' Information:- V H GARMENTS PRIVATE LIMITED [Active] CIN = U52322MH2008PTC181066

Company & Directors' Information:- S V FABRICS PRIVATE LIMITED [Active] CIN = U17110TG1997PTC026734

Company & Directors' Information:- G L FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2003PTC121480

Company & Directors' Information:- S G FABRICS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC129675

Company & Directors' Information:- P V FASHIONS PRIVATE LIMITED [Active] CIN = U17124WB1990PTC050251

Company & Directors' Information:- S K GARMENTS EXPORT PRIVATE LIMITED [Strike Off] CIN = U18101PB1995PTC016697

Company & Directors' Information:- K S FASHIONS PRIVATE LIMITED [Active] CIN = U18101WB1998PTC086804

Company & Directors' Information:- R L FABRICS LIMITED [Strike Off] CIN = U17110MH2000PLC123685

Company & Directors' Information:- A R FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101TG2003PTC041468

Company & Directors' Information:- K AND I FASHIONS PRIVATE LIMITED [Active] CIN = U74994DL1996PTC081552

Company & Directors' Information:- S. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1996PTC083315

Company & Directors' Information:- G R FASHIONS PRIVATE LIMITED [Active] CIN = U18101MH2001PTC133163

Company & Directors' Information:- P R FABRICS PRIVATE LIMITED [Active] CIN = U51909DL1996PTC082519

Company & Directors' Information:- S S FABRICS PVT LTD [Strike Off] CIN = U17117PB1989PTC009201

Company & Directors' Information:- L S FABRICS PRIVATE LIMITED [Strike Off] CIN = U51909UP1997PTC021992

Company & Directors' Information:- B M FABRICS (INDIA) PRIVATE LIMITED [Active] CIN = U17116PB1997PTC019887

Company & Directors' Information:- G. M. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2006PTC152683

Company & Directors' Information:- D AND D GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007923

Company & Directors' Information:- A N FASHIONS ( INDIA) PRIVATE LTD [Active] CIN = U74899DL1980PTC010369

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- K I FASHIONS PRIVATE LIMITED [Active] CIN = U18109TG2013PTC088463

Company & Directors' Information:- J S GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U74900WB2009PTC135262

Company & Directors' Information:- S V MANUFACTURERS PRIVATE LIMITED [Active] CIN = U27106DL2007PTC157389

Company & Directors' Information:- K. B . GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2011PTC166954

Company & Directors' Information:- S AND A FASHIONS PRIVATE LIMITED [Strike Off] CIN = U51909DL1991PTC045914

Company & Directors' Information:- M & M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC074147

Company & Directors' Information:- M. A. FABRICS PRIVATE LIMITED [Active] CIN = U17120MH2008PTC178099

Company & Directors' Information:- A K GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2015PTC282847

Company & Directors' Information:- D P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129479

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC143084

Company & Directors' Information:- P AND P GARMENTS PVT LTD [Under Process of Striking Off] CIN = U18101DL2005PTC143556

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101HR2005PTC068124

Company & Directors' Information:- L. H. GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17121KA2011PTC060761

Company & Directors' Information:- F M INDIA LIMITED [Strike Off] CIN = U74999DL1996PLC081816

Company & Directors' Information:- K R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1998PTC087046

Company & Directors' Information:- T & A GARMENTS PVT LTD [Strike Off] CIN = U52321TN1993PTC025318

Company & Directors' Information:- K R FABRICS PRIVATE LIMITED [Strike Off] CIN = U17219TZ1999PTC008955

Company & Directors' Information:- P. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18204DL2007PTC164238

Company & Directors' Information:- S. A. GARMENTS PRIVATE LIMITED [Active] CIN = U17121DL2007PTC165007

Company & Directors' Information:- GENERAL CREDIT CORPORATION LIMITED [Strike Off] CIN = U99999KA1949PLC000588

Company & Directors' Information:- R B FABRICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC027620

Company & Directors' Information:- T S GARMENTS PRIVATE LIMITED [Active] CIN = U51494DL1996PTC076668

Company & Directors' Information:- GARMENTS INDIA PVT LTD [Strike Off] CIN = U51909GJ1979PTC003310

Company & Directors' Information:- J N S FABRICS PVT LTD [Strike Off] CIN = U24131WB1988PTC044665

Company & Directors' Information:- EXPORTERS (INDIA) LIMITED [Active] CIN = U51109MH1949PLC007061

Company & Directors' Information:- P. G. FASHIONS PRIVATE LIMITED [Active] CIN = U18109DL2010PTC200775

Company & Directors' Information:- P P FASHIONS PRIVATE LIMITED [Active] CIN = U51312DL2004PTC125694

Company & Directors' Information:- E AND M FASHIONS PRIVATE LIMITED [Active] CIN = U74900KA2015PTC078076

Company & Directors' Information:- A & M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994KA2005PTC036331

Company & Directors' Information:- B AND L EXPORTERS PVT LTD [Strike Off] CIN = U51909KL1994PTC007825

Company & Directors' Information:- G M FASHIONS (INDIA) PRIVATE LIMITED. [Strike Off] CIN = U17120DL1989PTC038309

Company & Directors' Information:- K. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC164404

Company & Directors' Information:- GENERAL FABRICS PRIVATE LIMITED [Active] CIN = U51311DL1996PTC075398

Company & Directors' Information:- C S A EXPORTERS PVT LTD [Strike Off] CIN = U51909CH1983PTC005685

Company & Directors' Information:- S D FABRICS PRIVATE LIMITED [Strike Off] CIN = U17124RJ1977PTC001750

Company & Directors' Information:- G C FABRICS PRIVATE LIMITED [Strike Off] CIN = U17290PB2011PTC035780

Company & Directors' Information:- B G GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142488

Company & Directors' Information:- H S FASHIONS PRIVATE LIMITED [Active] CIN = U52322WB2005PTC102042

Company & Directors' Information:- S T Y D FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994MH2005PTC152589

Company & Directors' Information:- I D FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037044

Company & Directors' Information:- K B G FABRICS PRIVATE LIMITED [Strike Off] CIN = U17121DL2007PTC169982

Company & Directors' Information:- S. B. FASHIONS PRIVATE LIMITED [Strike Off] CIN = U17295DL2007PTC171808

Company & Directors' Information:- S P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2003PTC120709

Company & Directors' Information:- S R D FABRICS PRIVATE LIMITED [Strike Off] CIN = U17117PB1996PTC017662

Company & Directors' Information:- A-2 FABRICS PRIVATE LIMITED [Active] CIN = U17115PN2006PTC022179

Company & Directors' Information:- J J FABRICS PRIVATE LIMITED [Active] CIN = U17120MH2010PTC198619

Company & Directors' Information:- J H P FABRICS PRIVATE LIMITED [Strike Off] CIN = U18100MH2005PTC156395

Company & Directors' Information:- M P FASHIONS PRIVATE LIMITED [Active] CIN = U51311MH2002PTC137215

Company & Directors' Information:- GENERAL & CREDIT CORPN (INDIA) PRIVATE LIMITED [Strike Off] CIN = U65192TN1936PTC000752

Company & Directors' Information:- P. M. FASHIONS PRIVATE LIMITED [Active] CIN = U18109DL2007PTC165011

Company & Directors' Information:- S T GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2015PTC277043

Company & Directors' Information:- AT FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18202DL2013PTC262670

Company & Directors' Information:- S. P. FASHIONS PRIVATE LIMITED [Amalgamated] CIN = U19100DL2007PTC164553

Company & Directors' Information:- P L GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2013PTC248417

Company & Directors' Information:- P N FABRICS PRIVATE LIMITED [Active] CIN = U17120DL2014PTC271456

Company & Directors' Information:- K. N. FABRICS PRIVATE LIMITED [Strike Off] CIN = U17121DL2007PTC169985

Company & Directors' Information:- M. K. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164395

Company & Directors' Information:- V R M FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC113597

Company & Directors' Information:- R A GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2003PTC123385

Company & Directors' Information:- C S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC134787

Company & Directors' Information:- B L GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136912

Company & Directors' Information:- B D S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC137898

Company & Directors' Information:- V S FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC142013

Company & Directors' Information:- T G GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC143392

Company & Directors' Information:- R. C. FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2008PTC172261

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC149330

Company & Directors' Information:- P. H. FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2006PTC155349

Company & Directors' Information:- G P GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC161067

Company & Directors' Information:- I B GARMENTS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257044

Company & Directors' Information:- M B FASHIONS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257698

Company & Directors' Information:- P C FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC160466

Company & Directors' Information:- A P FABRICS PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC160581

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U74110DL2006PTC149330

Company & Directors' Information:- A G GARMENTS PRIVATE LIMITED [Active] CIN = U51300DL2013PTC257609

Company & Directors' Information:- V R V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2008PTC182256

Company & Directors' Information:- A V S FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109590

Company & Directors' Information:- P. S. FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994DL2007PTC164244

Company & Directors' Information:- M V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U74899HR2005PTC141797

Company & Directors' Information:- A AND R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17120HR2013PTC049037

Company & Directors' Information:- L. B. FABRICS PRIVATE LIMITED [Active] CIN = U17122GJ2010PTC059299

Company & Directors' Information:- S N B FASHIONS PRIVATE LIMITED [Active] CIN = U18109GJ2008PTC055705

Company & Directors' Information:- H M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18109GJ2010PTC061258

Company & Directors' Information:- V K GARMENTS PRIVATE LTD [Strike Off] CIN = U18101DL1981PTC012410

Company & Directors' Information:- A S GARMENTS PRIVATE LIMITED [Active] CIN = U17212CH1992PTC012350

Company & Directors' Information:- V R GARMENTS PVT LTD [Strike Off] CIN = U18101CH1991PTC011345

Company & Directors' Information:- B R EXPORTERS PRIVATE LIMITED [Strike Off] CIN = U99999MH1973PTC016377

Company & Directors' Information:- S B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2005PTC141954

Company & Directors' Information:- SAKTHI CORPORATION PVT. LTD [Strike Off] CIN = U99999TN1960PTC004063

    C.C.No. 1 of 2007

    Decided On, 28 August 2014

    At, Tamil Nadu State Consumer Disputes Redressal Commission Chennai

    By, THE HONOURABLE MR. JUSTICE R. REGUPATHI
    By, PRESIDENT
    By, THE HONOURABLE MR. J. JAYARAM
    By, JUDICIAL MEMBER & THE HONOURABLE MRS. P. BAKIYAVATHI
    By, MEMBER

    For the Complainant: P. Arumugarajan, Advocate. For the Opposite Parties: M/s S. Ramasubramaniam Associates, Advocates.



Judgment Text

J. Jayaram, Judicial Member

This case coming before us for final hearing on 07.07.2014 and on hearing the arguments of both sides and upon perusing the material records, this Commission made the following Order:

2. The case of the complainant is as follows:

The complainants are manufacturers and exporters of Fabrics and Garments and export them to various countries including Argentina for several years, and they have got good track record. They have earned foreign exchange for the country to the tune of several crores of rupees, and they have received several awards as a leading exporter.

3. The opposite party is a Government of India Enterprise, which provides insurance coverage for exporters against variety of risks, on payment of premium. The complainant took an Insurance Policy known as Shipments (Comprehensive Risks) Policy from the opposite party to the maximum liability under the policy restricted to Rs.60 Lac for the export of garments to Argentina.

4. In course of time, their export orders increased steadily and went up to Rs.5 crores. Therefore, the insurance coverage with maximum liability restricted to Rs.60 Lac was considered to be inadequate, and hence the complainant sent a letter dated 13-08-2001 to the opposite party requesting enhancement of liability under the said policy to Rs.1 crore. In anticipation of the enhancement of insurance coverage, the complainant also paid premiums for the shipments made. Unfortunately, the payments from Jan 2002 to Mar 2002 in respect of shipments made in Sep 2001 were frozen by the Government of Argentina despite the fact that the buyer made a remittance to the Government for conversion into foreign exchange. Therefore, an amount of Rs.1,03,59,026/- representing the value of the shipments made in Sep 2001 got stuck with the Government of Argentina.

5. The complainant lodged a claim with the opposite party for the money receivable from Argentina; but the opposite party sent a letter dated 16-08-2002 stating that the maximum liability under the policy was only Rs.60 Lac up to 21-10-2001, and that they have already considered the claims up to Rs.60 Lac for the policy for the shipments effected during the said period, and therefore, the complainant’s claim for enhanced amount could not be considered. This amounts to deficiency in service on the part of the opposite party, and hence the complaint praying for direction to the opposite party to pay a sum of Rs.40 Lac towards insurance claims under the Shipments (Comprehensive Risks) Policy together with interest at the rate of 18 % p.a., and to pay a sum of Rs.2 Lac as compensation for mental agony and pain caused to the complainant, and pay costs.

6. The opposite party filed version contending that it is a commercial transaction, and the services of the opposite party are availed for commercial purposes and hence the complainant is not a consumer as contemplated under Sec. 2 (1) (d) of the Consumer Protection Act, and that the complaint is not maintainable under the Consumer Protection Act, and the complaint cannot be entertained by the Consumer Forum, and that the claim of the complainant was repudiated by letter dated 16-08-2002, and hence the complaint is barred by limitation as contemplated under Sec.24-A of the Consumer Protection Act, and that they have already settled the complainant’s claim at Rs.60 Lac; and that the complainant is not entitled to claim further amount of Rs.40 Lac.

7. Proof affidavits were filed by both sides, and Ex.A1 to A14 were filed and marked on the side of the complainant; and Ex. B1 to B10 were filed and marked on the side of the opposite parties.

8. The points for consideration are:

1) Whether the complainant is a consumer as contemplated under Sec. 2 (1) (d) of Consumer Protection Act; and whether the complaint is maintainable;

2) Whether the complaint is barred by limitation as contemplated under Sec. 24 – A of the Consumer Protection Act; and whether the complaint is maintainable;

3) Whether there is deficiency in service on the part of the opposite party;

4) Whether the complainant is entitled to get compensation from the opposite party;

5) To what relief the complainant is entitled.

9. Point No.1: It is pertinent to note that as per the averments in the complaint, the complainant has availed the services of the opposite party for commercial purpose and it is a commercial transaction done on a large scale involving crores of rupees. In the complaint it is clearly stated that they are manufacturers and exporters of fabrics and garments and export them to various countries for several years and they have got a good track record, and that they have earned foreign exchange to the country to the tune of several crores of rupees, and they have received several awards as leading exporters.

10. Further, according to the complainant, the total amount of Loss suffered by the complainant on account of the impugned shipments is Rs.1,03,59,026/-. Therefore, it is clearly established that it is a commercial transaction and it is for commercial purpose, and therefore, the complainant is not a consumer as contemplated under Sec. 2 (1) (d) (i) and (ii) of the Consumer Protection Act. Therefore, we hold that the complaint is not maintainable on this score, and the point is answered accordingly.

11. Point No.2: It is contended by the opposite party that the complainant’s claim was repudiated by the letter, Ex.B8 dated 16-08-2002 which is admitted by the complainant in Para 24 of the complaint regarding cause of action. It is relevant to note that the complaint has been filed on 7-11-2005, which was returned and re-presented on 2-11-2006. Therefore, it is evident that the complaint has been filed beyond the statutory period of two years as contemplated under Sec. 24&ndas

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h;A of the Consumer Protection Act. Therefore, we hold that the complaint is barred by limitation, and it is not maintainable on this ground, and the point is answered accordingly; 12. Point Nos.3&4: In view of our findings on Point Nos. 1 and 2 that the complaint is not maintainable, these points (3 & 4) do not survive for consideration, and the points are answered accordingly; 13. Point No.5: In view of above findings on Point Nos. 1 to 4, we hold that the complainant is not entitled to any relief in the complaint. 14. In the result, the complaint is dismissed as not maintainable. No order as to costs in the complaint.
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