JUDGMENT :

Heard the learned counsel Ms. M. Sharma appearing for the appellant. Also heard Mr. G. Goswami, the learned Standing Counsel appearing for N.F. Railways.

2. Challenge in this appeal is to the Judgment and Order dated 23.08.2013 passed by the learned Railway Claims Tribunal (RCT), Guwahati Bench in Claim Application No. 209 of 2004.

3. The facts of the case, in a nutshell, is that a consignment of cement in 40 BCN/BCLA wagons was entrusted to the Railways at Manikgarh Cement Siding (MGCG) under Invoice No. 1 to 20 under Railway Receipt Nos. 063202 to 063221 on 01.06.2003. The consignment was transhipped from broad gauge to meter gauge at New Bongaigaon good shed (MBQ) for MG destinations. After transhipment from BG to MG, 25 M Wagons were transhipped to North Lakhimpur and 15 MG Wagons was transhipped to Tezpur.

4. The case of the appellant is that the Railways charged freight upon the appellant without giving the benefit of train load consignment. Therefore, the appellant approached the RCT for a refund of Rs. 64,268/-.

5. Ms. M. Sharma has submitted that the learned Trib