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Judgment
IN O.P. No. 82/ 92, the complainant has lodged a claim for Rs. 1.27 crores on the Opp. Party No. 1. The principal components of this claim are:- (i) He had applied for grant of replenishment licence (Exim Scrips) of the value of Rs. 84.41 lakhs. These have not been issued to him though they have been issued to other exporters. On the basis of selling such licences at a premium of 45 per cent which he could, therefore, earn on such Exim Scrips, he is entitled to a sum of Rs. 41.97 lakhs. (ii) Loss of interest on the due in lieu of Exim Scrips of the value of Rs. 26.60 lakhs. (iii) Non-disbursement of cash compensatory support (CCS) by the Chief Controller of Imports & Exports: Rs. 11.77 lakhs. (iv) INterest on the various claims as above Rs. 20 lakhs. (v) Compensation Rs. 26.25 lakhs.
HE had made a statement in his complaint that CCIE imposes service charges at different rates for different categories of services under the Import and Export Policy, but he has not spelled out the precise service rendered and the service charges levied therefor by the CCIE. In O.P. No. 84/92, the complainant has made a claim of Rs. 1.17 crores. The principal components of htis claim are: (i) He had applied for issue of replenishment licences (Exim Scrips) against export of garments during 1986-87 to 1990-91 of the value of Rs. 58.88 lakhs in the period from April 1990 to December, 1991, but the same have not been issued to him though these have been issued to other exporters. He could earn a premium of 45 percent on such licences. This amounts to Rs. 26.49 lakhs. (ii) He was entitled to additional licences of the value of Rs. 58.65 lakhs for the period from 1986-87 to 1990-91. These have not been issued to him. The premium which he can earn on the value of additional licences viz. 45 per cent works out to Rs. 26.39 lakhs. (iii) Non-disbursement of CCS under the normal scheme and under the SPF scheme amounting to Rs. 13.95 lakhs. (iv) Interest on different claims amounting to Rs. 19.82 lakhs. (v) Compensation amounting to Rs. 30.95 lakhs.
Ccs and issue of replenishment licences and Exim Scrips are in the nature of incentives for promotion of exports. These incentives are not in the nature of consideration for rendering service to the exporters. On the face of it. therefore, the complainants are not consumers vis-a-vis Government of India/Chief Controller of Imports & Exports and non-payment of Cash Compensatory Support/non-issue of Exim Scrips, even if true, do not constitute a deficiency in service on the part of the Chief Controller of Imports & Exports.
IT also appears that he had also filed appeals before the Joint Chief Controller of Imports & Exports against the same rejecting his application for the grant of such licences. This Commission is not going to adjudicate upon the matter when he has already filed an appeal(s) before the statutory authority under the relevant Act nor can this Commission sit in judgment over the decision of such authority.
THE complaint has been filed frivolously and it is an abuse of the provisions of the Consumer Protection Act causing unnecessary harassment. THE complaint is dismissed. THE complainant shall pay a sum of Rs. 10,000/- in each of these cases (Original Petition No. 82 of 1992 and Original Petition No. 84 of 1992) by way of costs to the Opp. Parties to be equally divided among them. Complaint dismissed.