RAILWAY CLAIM TRIBUNAL - GUWAHATI
M/S PURBANCHAL CEMENT LTD – 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-230/2013 [OA(III)/GHY/2013/0275], the applicant’s claim is for refund of alleged overcharge of total Rs.2,60,821/- i.e., Rs.2,52,248/- as terminal charge/calculation mistake and Rs.8,573/- as punitive charge for alleged overloading with interest. In this case, a consignment of 2667 MT of Dry Fly Ash, packed in 76000 bags was booked in trainload under Invoice no.76/Railway Receipt no.212000986 dated
26.02.2013 ex. Siuri to Digaru .
While in OAIII-143/2014 [OA(III)/GHY/2014/0143], the applicant’s claim is for refund of punitive charge of Rs.1,24,826/- for alleged overloading with interest. In this case, a consignment of 1240 packets of China Clay was booked under Invoice nos.1199 & 1203/Railway Receipt nos.212018405 & 212018406 dated 11.07.2014 ex. AGS to NGC.
3. Applicants’ case: 3.1 Terminal Charge:
3.1.1 In OAIII-230/2013 [OA(III)/GHY/2013/0275], the applicant’s claim for refund of terminal charges is primarily based on the assertion that both the originating station Siuri (Goods) and the destination station Digaru (Goo
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.