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2023 Supreme(Online)(RCT) 640
RAILWAY CLAIM TRIBUNAL - GUWAHATI
P. M. ENTERPRISE – Appellant
Versus
GM/ N F. RLY – Respondent
OA I/GHY/2012/0022
Mrs. Leena Sarma, Member (Technical) Mr. Mahtab Ahmad, Member (Judicial)
Date of Judgment: 30.08.2023
Mrs. Leena Sarma, Member (Technical)
SL No
Case No.
Name of the Applicant (s)
Respondent Railway (s)
Name of the Applicant Counsel
Name of the Respondent Counsel
1.
OAI-72/2011
M/s Sirohia and Sons Ltd.
N.F. Railway
K.P. Maheswari
A.K. Sarma
2.
OAI-12/2015
M/s Choradia and Sons.
N.F. Railway
K.P. Maheswari
A.K. Sarma
3.
OAI-42/2012
M/s P.M. Enterprises.
N.F. Railway
K.P. Maheswari
L.Singh
4.
OAI-52/2019 OAI/GHY/28/2019 (ONLINE)
M/s Karimganj Sarogi Trading Co.
N.F. Railway
K.P. Maheswari
PS Deka
5.
OAI-01/2013 MA-2011/0019 (ONLINE)
M/s Jain and Jain Co.
N.F. Railway
K.P. Maheswari
C.M. Pradhan
6.
OAI-41/2012 OAI/GHY/2012/0022 (ONLINE)
M/s P.M. Enterprises
N.F. Railway
K.P. Maheswari
L.Singh
7.
OAI-82/2011
M/s. Mamta Trading Co.
N.F. Railway
K.P. Maheswari
C.M. Pradhan
COMMON JUDGEMENT The common issues in all these cases are short receipt of goods at the destination. All the seven (7) shortage cases have been clubbed together for examining the merits and deciding in view of similarities of issues in the spirit of Rule 24 of the RCT Procedure Rules, 1989.
1. Facts of the Cases:
For Case No OAI-72/2011, it was a consignment of 53250 bags of Rock Phosphate booked from CGO to SCL under vide Invoice No. 01/D183770 on 15.11.2009. The claim was filed for shortage of 440 packets (weight of one bag is 50 kg) of Rock Phosphate. As mentioned in the claim application, at the time of booking point the consignment was in sound, strong and in good condition and further after reaching the destination, at the time of delivery the goods was found to be criminally interfered and Seal defective condition was found and hence the claimant prays for the refund.
For Case No OAI-12/2015, It was a consignment of 1216 packets of Sugar was booked from TRK to NGC on 03.01.2013 vide Invoice No. 44/212000154. The claim was filed for shortage of 32 packets packing was found to be short. As mentioned in the claim application, at the time of booking point the consignment was in sound, strong and in good condition and booked under “Railway Risk Rate” after meeting all legal and statutory inspections from the booking stations with supervision of the Railway staffs and further after reaching the destination, at the time of delivery the wagons were found to be criminally interfered with door open condition and without seal & card labels and hence the claimant prays for the refund.
For Case No OAI-42/2012, it was a consignment of 3680 bags of Rice packing
35 Kgs each booked from Ex CHIB to SCL on 17.09.2011 vide Invoice No. 6/212004158. The claim was filed for shortage of 167 packets/bags of Rice. As mentioned in the claim application, at the time of booking point the consignment was in sound, strong and in good condition and booked after meeting all legal and statutory inspections from the booking stations with supervision of the Railway staffs and further after reaching the destination, at the time of delivery the wagons were found to be criminally interfered and Seal defective condition was found and hence the claimant prays for the refund.
For Case No OAI-52/2019, It was a consignment of 1215 packets of Sugar booked from KRD to AZA on 31.01.2017 vide Invoice No.51/212004517. The claim was filed for shortage of 12 packets of sugar. As mentioned in the claim application, at the time of booking point the consignment was in sound, strong and in good condition and booked after meeting all legal and statutory inspections from the booking stations with supervision of the Railway staffs and further after reaching the destination, at the time of delivery the wagons were found to be criminally interfered and Seal defective condition was found and hence the claimant prays for the refund.
For Case No OAI-01/2013, it was a consignment of Iodized Salt of 41275 packets from MALB to TZTB on 01.04.2008 under different Invoices suc
