Coram: Leena Sarma, Member (Technical)

Mahtab Ahmad, Member (Judicial)

OAIII-92/2019 (Old)

OA(III)/GHY/40/2019 (Online)

Date of filing original application: 01.10.2019 Date of Judgement: 23.02.2024 M/s. ABCI Infrastructures Pvt. Ltd., Club Road, Silchar-788001, Assam Registered Office at:

Knowledge Hub, DN-23, 2^nd Floor, Sector-V, Salt Lake, Kolkata-700091, West Bengal .... Applicant -Versus-

The Union of India represented by The General Manager, N. F. Railway, Maligaon, Guwahati-781011, Assam .... Respondent Present: Shri K. P. Maheshwari, Learned counsel for the applicant Shri P. S. Deka, Learned counsel for the respondent By Mahtab Ahmad, Member (Judicial)

JUDGEMENT

1. Applicant’s claim application is for refund of punitive undercharge of Rs.16,32,198/-, levied and collected by the respondent railway on allegation of overloading of consignment being found in certain wagons at Badarpur Railway Weighbridge. The impugned punitive undercharge was collected at destination station Udaipur on getting weighment chart and request from railway authority of Badapur Railway Weighbridge to realize punitive undercharge before delivery.

2. The details of the consignment are as under:-

Railway Receipt no