Coram: Leena Sarma, Member (Technical)-II Mahtab Ahmad, Member (Judicial)-II OAIII-144/2014 (Old)

OA(III)/GHY/2014/0144 (New)

Date of filing original application: 03.11.2014 Date of Judgement: 06.06.2023 M/s. Vinayak Logistic, M. G. Road, near ICICI Bank, Fancy Bazar, Guwahati-781001, Assam .... Applicant -Versus-

The Union of India represented by The General Manager, N. F. Railway, Guwahati-781011 .... Respondent no.1 The General Manager, N. E. Railway, Gorakhpur-273012 .... Respondent no.2 Present: Shri K. P. Maheshwari, Learned counsel for the applicant Shri P. S. Deka, Learned counsel for the respondents Mahtab Ahmad, Member (Judicial)

JUDGEMENT

1. This is an application filed under Section 16 of the Railway Claims Tribunal Act, 1987 by the applicant M/s. Vinayak Logistic for refund of punitive charge of Rs.5,73,132/- for overloading of subject consignment.

2. Necessary facts in brief are that 07 wagons of Putty, all packed in bags of uniform and standard size, weight of which was disclosed in Forwarding Note, were booked under Invoice nos.1188, 1186, 1200, 1265, 1247, 1208 & 1222/Railway Receipt nos.212018421, 212018419, 212018417, 212018415, 212018413, 212018411 & 212018409 dated