NIZAMUDDIN Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) This is a plaintiff's second appeal which arises out of a suit for recovery of Rs. 6,607/-. The trial court decreed the suit. On appeal, the lower appellate court has dismissed the same. Hence, this second appeal.

(2.) Shortly stated, the plaint case was that the plaintiff had booked a consignment of 186 bags of Biri leaves on 10-8-1969 at Duddhinagar Railway Station on the Eastern Railway for being carried, and delivered to the consignee at Varanasi on the Northern Railway. Due to negligence, misconduct and wrongful withholding and detention and other acts of the defendant Railways, the consignment did not arrive at Varanasi within the normal expected period of 10 days. The plaintiff presented the Railway receipt at the destination station from time to time, but was informed that the goods had not reached. It was on 8-6-70 that the plaintiff was informed that the goods had arrived at Varanasi on 26-3-1970. When the plaintiff went to take delivery of the goods, he found the consignment was lying in an uncared for state and in a damaged condition. It was also short in weight. Consequently, the plaintiff asked for an 'open delivery' or what is technically called "assessment delivery" free from wharfage. The concerned officers at Varanasi refused to allow 'open delivery'. The plaintiff, consequently, wrote to the Chief Commercial Superintendent for appropriate orders. Correspondence ensued between the plaintiff and the Railway authorities but the plaintiff was not given 'open delivery'. Subsequently, it transpired that the consignment was disposed of by the Railway authorities by public auction, which they had a right to do under the Rules. The plaintiff was, therefore, entitled to claim damages on account of non-delivery of the goods as well as on account of the loss or damage caused to the goods as a result of the various acts of negligence and misconduct of the Railway administration in handling the consignment.

(3.) The plaintiff consequently served a statutory notice on the Railway administration asking for being compensated for the loss but without any avail. Hence the suit.