Mr. Alok Upasani, Member (Judicial)-I Mr. Tanveer Ahmed, Member (Technical)-I Date of Judgement: 24.05.2023

Sl. No.	O.A. No.	Name of Applicant	Name of Respondent (Union of India represented by)
1	III-139/2013 [OA(III)/GHY/2013/0184]	M/s. Vinayak Logistic, M. G. Road, Fancy Bazar, near ICICI Bank, Guwahati-781001, Assam	GM, N. F. Railway
2	III-185/2013 [OA(III)/GHY/2013/0230]	M/s. TOPCEM India, Mega Plaza, 4th Floor, Christian Basti, G. S. Road, Guwahati-781005, Assam	GM, N. F. Railway & GM, E. Railway
3	III-61/2014 [OA(III)/GHY/2014/0061]	M/s. Maithan Alloys Ltd., A-6, EPIP-UMTRU, P.O. Byrnihat-793101, Dist. Ri-Bhoi, Meghalaya	GM, N. F. Railway & GM, S. W. Railway
4	III-125/2014 [OA(III)/GHY/2014/0125]	M/s. Rahul Enterprises, 40-Strand Road, 4th Floor, Room no.4, Kolkata-700001, West Bengal	GM, N. F. Railway

Present: Shri K. P. Maheshwari, Learned counsel for the applicants Shri P. S. Deka, Learned counsel for the respondent Shri A. K. Sarma, Learned counsel for the respondent Member (Technical), Tanveer Ahmed COMMON JUDGEMENT

1. Since in all these four claim applications, more or less similar issues are involved, therefore these applications were heard together and are being decided by common judgement.

2. Details of Invoice no., railway receipt no., date of booking, consignment booked and claim of the applicant against each OA, are as follows:-

O.A. No.	Invoice no./RR no., date of booking & consignment	Claim for refund of overcharges on account of
III-139/2013 [OA(III)/GHY/2013/0184]	212 to 214/212009994 to 212009996, 183 to 185/212010000 to 212010002, 237 to 239/212010003 to 212010005, 228 & 229/212010006 & 212010007, 200 & 201/212010008 & 212010009, 209 &	Punitive Undercharge at destination station.

	210/212010010 & 212010011, 174 & 175/212010012 & 212010013 dated 24.10.2012 ex. Alwar Goods Shed to New Guwahati, 07 wagons loaded with Flooring Tiles, Pastic goods, De-oiled cakes, putty, edible snacks, white cement and white clay.
III-185/2013 [OA(III)/GHY/2013/0230]	01/212000125 dated 22.11.2012 ex. Dhulianganga to Changsari, 58000 bags of Dry Fly Ash in trainload.	(a) Terminal Charges; (b) use of wrong calculation method; and (c) Punitive Undercharge at destination station.
III-61/2014 [OA(III)/GHY/2014/0061]	01/212000305 dated 04.06.2013 ex. SDMG to NGC, 3765 MT of Manganese Ore in 59 BOXN-BOXNHS wagons.	(a) Penal Freight at booking station: & (b) use of wrong calculation method
III-125/2014 [OA(III)/GHY/2014/0125]	01/212000075 dated 13.11.2012 & 08/212000084 dated 15.02.2013 ex. Gosaighat Hat to OPSG/Amlai, 02 rakes of bamboo chips	(a) Terminal Charges; & (b) use of wrong calculation method

3. On the basis of aforesaid pleadings, the following issues were framed:

1. Whether statutory legal notice under Section 106 of the Railways Act, 1989 has been served?

2. Whether the applicant holds legal title?

3. Whether the applicant is entitled for compensation as claimed in the claim application and to what extent?

4. Relief and costs?

4. We perused the record thoroughly and heard argument of respective counsels. The issue-wise findings are as follows:-

ISSUE NOS.1 & 2:

(These two issues are taken up together for discussion and decision for the sake of convenience)

5. As per copy of Railway Receipts, the applicants herein are the consignor/ consignee/endorsee. It is seen that in all these cases, the notice under Section 106 has either been signed by the authorized representative of the consignor/consignee/endorsee or his legal representative; and that the notice has been served to the respondents within time. Perusal of the case records also shows that all the claim applications have been duly verified, signed and filed by the proprietor or authorized representative of the consignor/consignee/endorsee, for and on behalf of the consignor/consignee/endorsee.

6. These OAs are filed by the consignor/consignee/endorsee and if these OAs are decreed in

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