UNION OF INDIA Vs. DIGVIJAY CEMENT CO

JUDGEMENT

(1.) THIS is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 at the instance of a respondent in a proceeding under Section 16 of the Railway Claims Tribunal Act, 1987 and is directed against the order dated 22nd December 2000 passed by the Railway Claims Tribunal Delhi, Ahmedabad Bench, in Claim Application No.OR9700015 by which the tribunal allowed the application of the respondent herein directing the appellant to pay the difference of freight moved under normal traffic rate and the station to station rates as applicable for the wagons actually loaded during the period 1st December 1989 to 31st March 1990. The tribunal also ordered that the respondent herein was entitled to the proportionate cost and interest at the rate of 12% interest per annum from the date of lodging of the claim application before the tribunal.

(2.) CASE of the appellant.

(3.) THE said circular inter alia provided that the station to station rates would be applicable provided the party offered 20% additional traffic on monthly basis over the loading done by rail during the corresponding month of the previous year. The said rates were applicable for a period of three months i.e. upto 30th September 1989. By a Circular dated 9th June 1989 issued by the Chief Commercial Superintendent, Western Railway, certain clarifications were made regarding introduction of station to station rates for movement of cement ex-Sikka.