Back
IN THE HIGH COURT OF GAUHATI, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA, J.
M/s. Rahul Trading Co. – Petitioner
Versus
The Union Of India, rep. by The General Manager And Anr. – Respondents
MFA No.142 Of 2021
Decided On : 12-05-2023
Railway Claims Tribunal Act, 1987 - Section 23 - Railways Act of 1989 - Section 78(ii) - Wrong calculation - Claim of refund - Appeal against judgment and order – Held, Claim application for refund was dismissed by Tribunal – Court find that Tribunal has meticulously discussed issues and arrived at a correct finding - Railway has rightly realized undercharges of Rs.1,16,991/-in terms of Section 78(ii) of Railways Act of 1989 - Tribunal has rightly decided that claim of refund on account of wrong calculation of NTR and resultant calculation of NE Region rebate is liable to be dismissed - Refund claim raised by appellant was correctly dismissed by Tribunal - Appeal dismissed.
JUDGMENT :
1. Heard Ms. M. Sarma, learned counsel representing the appellant as well as Mr. H.P. Goala, learned counsel appearing for the respondents.
2. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment and order dated 26.02.2021 passed in Original Application No. OA III-304/2011 by the Railway Claims Tribunal, Guwahati Bench.
3. Three consignments of onions in train load were booked under
Invoice No/RR No 02+03/212004096+97, 05+06/212004132+33, 07/212004166 on 27.05.2010, 07/06/2010, 23.06.2010 from MGG to CGS. The value of the claim was Rs.40,6892/-.
4. The issues framed are-
ii. Wrong calculation of freight not keeping the logic of Rates Circular.
iii. Wrong collection of Terminal Charges.
5. I have carefully gone through the impugned judgment. The claim application for refund was dismissed by the Tribunal.
6. On perusal of the impugned judgment, I find that the Tribunal has meticulously discussed the issues and arrived at a correct finding. The Railway has rightly realized undercharges of Rs.1,16,991/-in terms of Section 78(ii) of the Railways Act of 1989. The Tribunal has rightly decided that the claim of refund on account of wrong calculation of NTR and the resultant calculation of the NE Region rebate is liable to be dismissed. The refund claim raised by the appellant was correctly dismissed by the Tribunal.
7. I find that the present appeal is devoid of merit and stands dismissed accordingly. Send back the LCR accordingly.
Compliance with notice requirements under Section 106 of the Railways Act is mandatory for claim validity; failure to comply renders claims invalid.
Failure to comply with the notice requirement under Section 106 of the Railways Act renders a claim invalid, requiring strict adherence to legal procedures for claiming refunds.
The importance of providing evidence of the price of goods in claims for refund for short delivery under the Railways Act.
The burden of proof lies with the claimant to substantiate claims regarding freight charges and the route taken for transportation.
Statutory notice for refund claims under transportation law applies only to charges exceeding prescribed rates. Official documentation acknowledging refund eligibility by a service provider supersede....
Compliance with statutory notice requirements under Section 106 of the Railways Act is essential for valid claims concerning compensation and overcharges.
The Railway Claims Tribunal has jurisdiction over claims where freight is paid, and terminal charges cannot be collected for consignments delivered to private sidings.
Compliance with notice requirements under Section 106 of the Railways Act is mandatory; failure to adhere renders the claim invalid.
Railway authorities must provide adequate documentation to impose penal freights for overloading; absence of such evidence justifies a refund of excess charges.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
