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2023 Supreme(Gau) 563

PARTHIVJYOTI SAIKIA
Rahul Trading Co – Appellant
Versus
Union Of India, rep. by The General Manager – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.P. Maheswari, Ms. M. Sharma.
For the Respondents: Mr. H.P. Goala.

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-

    i. Payment of undercharges of Rs.1,16991/-on account of some wrong calculation.

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 198

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