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2023 Supreme(Online)(RCT) 585
RAILWAY CLAIM TRIBUNAL - GUWAHATI
M/S MEGHALAYA CEMENTS LTD – Appellant
Versus
GM/ NF RLY GM/ SOUTH EASTERN RLY – Respondent
OA (III)/GHY/2013/0003
Mrs. Leena Sarma, Member (Technical)
Mr. Mahatab Ahmad, Member (Judicial)
Date of Judgement: 21.07.2023
Mrs. Leena Sarma, Member (Technical)
Sl. No
O.A. No.
Applicant
Respondent
Applicant’s Counsel
Respondent ’s Counsel
1.
OAIII-70/2012 OAIII-2012/0120 (ONLINE)
M/s Meghalaya Cement. Ltd.
N.F. Railway/ Eastern Railway
K P Maheshwari
PS Deka
2.
OAIII-230/2012 OAIII-2013/0003 (ONLINE)
M/s Meghalaya Cement. Ltd.
N.F. Railway/ South Easter Railway
K P Maheshwari
PS Deka (NFR)
3.
OAIII-148/2013 OAIII-2013/0193 (ONLINE)
M/s Kundanmal Choudhary
N.F. Railway/ Central Railway
K P Maheshwari
PS Deka
4.
OAIII-260/2013 OAIII-2013/0305 (ONLINE)
M/s Maithan Alloys Ltd.
N.F. Railway/ South Eastern Railway
K P Maheshwari
PS Deka (NF) K Gogoi (SER)
5.
OAIII-270/2013 OAIII-2013/0315 (ONLINE)
M/s Aavya Realstate LLP
N.F. Railway
K P Maheshwari
AK Sarma
6.
OAIII-18/2017
M/s Calcom Cement Ltd.
N.F. Railway
K P Maheshwari
CM Pradhan
7.
OAIII-12/2020
M/s Nav Manas Food Products
N.F. Railway/ Western Railway
K P Maheshwari
AK Sarma
COMMON JUDGEMENT
1. Since in all these seven 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
OAIII-70/2012 OAIII-2012/0120 (ONLINE)
01/200401 dated 14.04.2009 ex. NTKS/CLG, to NGC 73500 bags of Dry Fly Ash in trainload.
(a) Terminal Charges; (b) Punitive Undercharge at destination station.
OAIII-230/2012 OAIII-2013/0003 (ONLINE)
03/298115 dated 16.05.2010 Ex. PTJT/TATA to New Guwahati, 75770 bags of Dry Fly Ash in trainload.
(a) Terminal Charges; and (c) Punitive Undercharge at destination station.
OAIII-148/2013 OAIII-2013/0193 (ONLINE)
01/212000954 dated 10.12.2011 Ex. Gulbarga to New Guwahati, 49892 Sugar booked in trainload.
a) Terminal Charges; and (b) use of wrong calculation method on account of distance
OAIII-260/2013 OAIII-2013/0305 (ONLINE)
04/212005391 dated 29.08.2012 Ex. HDCB to New Guwahati 59 Boxn-Boxnahs Manganese Ore
(a) Terminal Charges and (b) Punitive Undercharge at destination station.(c) Refund on account of
in trainload.
wrong CC
OAIII-270/2013 OAIII-2013/0315 (ONLINE)
02/412006462 dated 14.12.20120 Ex. Jogighopa to Kashi Coal booked in trainload.
(a) Excess amount collected at booking point (b) Terminal Charges /use of wrong calculation method; and (c) Penal Freight at booking station
OAIII-18/2017
01/212000942 dated 22.10.2016 Ex. PTJT to LKA and 02/212000952 dated 30.10.2016 ex. PTJT to LKA Dry Fly Ash per RRs booked under trainload.
Punitive Undercharge at destination station.
OAIII-12/2020
02/212005295 dated 10.07.2019 Ex. Halved to Dibrugarh 61770 Salt booked in trainload.
(a) Terminal Charges and (b) use of wrong calculation method
3. On the basis of 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 claim application is properly verified, signed and filed?
3. Whether the applicant holds legal title?
4. Whether the applicant is entitled for compensation as claimed in the claim application and to what extent?
5. 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. Perusal of the case records shows that the applicants herein are the consignors/consignees. It is seen that in all these cases, the notices under Section 106 have either been signed by the authorized representative of the consignor/consignee or his lega
