JUDGMENT :

1. This appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgement dated 16.09.2009 passed by the learned Member (Judicial), Railway Claims Tribunal, Ranchi Bench, Ranchi in Case No. OR-70011/2007 in favour of respondent named herein directing the appellant to refund Rs. 3,71,328/-to the respondents along with interest @ 6% per annum from 01.11.2006 till the date of payment and also cost.

2. The respondent/applicant manufactures pretressed concrete sleepers for the Indian Railways. It is the case of the respondent that with the permission of the Railway Board, 1240 MT of special cement was purchased from M/s. Ambuja Cement Eastern Ltd. This consignment was booked in 20 Wagons. The consignment was loaded from the site of dispatch, i.e. Bhatapara and the weight of the 20 wagons was 1241.00 M.T. Before reaching the destination site, i.e. Jagadishpur when the consignment was re-weighed, it was found the net weight to be 1355.40 M.T. In view of the overloading, a punitive charges amounting to Rs. 3,71,328/-was raised against the respondent.

3. The Respondent moved the Railway claim Tribunal for refund of the punitive charge under Section 16 o