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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Kalpataru Agro Forest Enterprise – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to communication regarding freight charges. (Para 2 , 3) |
| 2. petitioner's claims based on distance and route discrepancies. (Para 9 , 10 , 11) |
| 3. court's observations on freight calculation standards. (Para 23 , 25 , 27) |
| 4. court's directive for recalculation of freight charges. (Para 26 , 29) |
| 5. final ruling directing authorities to comply with previous decisions. (Para 31 , 32 , 33) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. D. Mazumder, learned senior counsel assisted by Mr. T.Chakraborty, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Standing Counsel, NF Railway appearing for the respondent nos.1, 2 and 3.
2. By filing this writ petition, the petitioner has put to challenge the impugned communication dated 26.04.2016 issued by the Chief Commercial Manager/FM (Court), Maligaon, Guwahati-11, whereby, the claim for calculation of the excess freight taken from the petitioner taking into consideration the distance factor and to release the excess freight to the petitioner after calculating the same has been rejected and the order dated 16.09.2016 passed by the Member (Judicial), Railway Claims Tribunal, Guwahati in Execution Nos. A-22/2015 (Ο.Α.No
Station to station rates cannot exceed freight for the shortest route; failure to comply with prior court orders is judicially unsustainable.
The burden of proof lies with the claimant to substantiate claims regarding freight charges and the route taken for transportation.
The court emphasized strict adherence to statutory provisions and the necessity of relying on current circulars, ruling that the applicant was not entitled to the claimed freight concession.
Railway claims require proper authorization and notice to appropriate authorities under applicable law; failure to adhere results in claim invalidity.
The distinction between 'overcharge' and 'illegal charge' is crucial; an overcharge is excess payment due to a mistake, while an illegal charge is impermissible by law.
Recovery of undercharged freight must occur before delivery of goods; demands made post-delivery are invalid under Railways Act, 1989.
The Railway Claims Tribunal has jurisdiction over claims where freight is paid, and terminal charges cannot be collected for consignments delivered to private sidings.
Point of Law : Tribunal came to a finding that Respondent has not proved that there was shortage at time of loading and in view of non-filing of any of documents and evidence to prove that transhipme....
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