GAUHATI HIGH COURT ISSUES ORDER ON UNION OF INDIA V/S MEGHA TECHNICAL AND ENGINEERING

GUWAHATI, India, Feb. 3 -- Gauhati High Court issued the following order on Jan. 6:

1. Heard Mr. G. Sarma, learned counsel appearing for the appellant. Also heard Ms. M. Sarma, the learned counsel representing the respondent.

2. This is an appeal under Section 23 of the of the Railway Claims Tribunal Act, 1987, challenging the judgment and order dated 06.02.2019 passed by the Railway Claims Tribunal, Guwahati Bench in Claim Application No.OA-III-141/2011.

3. On 09.03.2011, the respondent filed the claim application before the Tribunal under Section 16 of the Railway Claims Act, 1987.

4. The application was filed challenging three decisions of the Railways. They are-

(1) the Railways have recovered excess amount by working out the freight for covering a distance of 708 kms., which should be only 695 kms. and as per the rate prescribed, the correct chargeable rate was Rs. 507.60 paise per M.T. but the tariff was taken at a higher rate. Thus, the respondent prayed for refund of the excess tariff,

(2) the Railway authority at the destination station, at the time of delivery, wrongly and illegally collected undercharges to the tune of Rs. 2,95,658/-, which the respondent claimed to be refunded and

(3) at the forwarding station, the Railway administration had erroneously collected terminal charges of Rs. 1,04,960/- for the consignment booked under train load condition since as per Railway Board Circular No.TCR/1078/2007/06 dated 29.05.2007, 17.07.2007 and 18.09.2007, the terminal charges are not applicable in bagged consignment. So, the respondent is not entitled to pay terminal charges.

5. The appellant filed the written statement and claimed that since the terminal charges and overcharges were collected by the forwarding station, the present respondent has no authority to question that matter. The appellant claimed that the overcharges were rightly collected as per Section 74 of the Railways Act since overweight was found when it was reweighed. The appellant has stated that as per Section 78 of the Railways Act, they possessed the right to reweigh before delivery and without prior notice to the customer.

6. On the basis of the pleadings of both sides, the learned Tribunal framed the following issues:

1) Whether the requirement of notice under Section 106 of Railways Act has been fulfilled?

2) Whether the applicant holds valid title?

3) Whether the applicants entitled to refund of excess freight, terminal charges and overcharges/punitive charges, as claimed and if entitled, to what extent?

4) Reliefs and costs.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62Wvo27icisZxlmU7jIb83j7vFrlJfnkeUPkvEf8yQmW3v&caseno=MFA/155/2019&cCode=1&cino=GAHC010109692019&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.