RAILWAY CLAIM TRIBUNAL - GUWAHATI
M/S TOPCEM INDIA – Appellant
Versus
GM/N F RLY GM/ EASTERN RLY – Respondent
JUDGEMENT
1. Since both the above cases involve more or less common facts and law, they have been heard together and are being decided by a common judgement.
2. In OAIII-176/2013 [OA(III)/GHY/2013/0221], the applicant’s claim is for refund of alleged overcharge of total Rs.1,75,008/- i.e., Rs.1,69,829/- as terminal charge/calculation mistake and Rs.5,179/- as punitive charge for alleged overloading with interest. In this case, a consignment of 2021 MT of Dry Fly Ash, packed in 58000 bags was booked in trainload under Invoice no.10/Railway Receipt no.212000194 dated
19.02.2013 ex. Kahalgaon/NTKS to Changsari.
While in OAIII-250/2013 [OA(III)/GHY/2013/0295], the applicant’s claim is for refund of alleged overcharge of total Rs.2,36,659/- i.e., Rs.2,29,074/- as terminal charge/calculation mistake and Rs.7,585/- as punitive charge for alleged overloading with interest. In this case, a consignment of 2661 MT of Dry Fly Ash, packed in 76000 bags was booked in trainload under Invoice no.07/Railway Receipt no.212000721 dated
19.04.2012 ex. Siuri to Digaru.
3. Applicants’ case: 3.1 Terminal Charge:
3.1.1 In both the cases, the applicants’ claim for refund of terminal charges is primarily based on
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.