DIAMOND CEMENTS Vs. UNION OF INDIA

JUDGEMENT

(1.) The order passed in this appeal shall also govern the disposal of connected Misc. Appeal Nos. 4563, 4564, 4566, 4568, 4569, 4570, 4571, 4572, 4573, 4574, 4575, 4576, 4577, 4578, 4579, 4580, 4581 and 4582 of the year 2011, since a common question is involved in all these appeals. In all these 19 appeals the appellants are M/s. Diamond Cements and the respondents are West Central Railway, Jabalpur. The appellant has preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 assailing the judgment dated 18.8.2011 passed by learned Railway Claims Tribunal, Bhopal in O.A. No. 321/2007 dismissing the claim application of the appellant.

(2.) The factual aspect of the matter is no longer in dispute, rather admitted by learned counsel for the parties. Undisputedly, M/s. Diamond Cements had dispatched 19 rakes of cement clinker from their siding known as DDSG to Asansol in the period from November, 2004 to June, 2005. All these rakes were booked and charged via Katni-Bilaspur for a distance of 1033 kms. Appellant later on came to know that these rakes were not carried to the destination by the booked route but by a shorter route. This shorter route is from DDSG to Asansol via Manikpur-Cheoki-Mugalsarai and distance is 995 kms. Having come to know the fact that the appellants' consignment was sent through a shorter route, they approached the Railway Administration vide letter dated 29.12.2006 to refund the difference of charges paid for the 19 rakes via longer route (1033 kms) by which the rakes were booked and the charges applicable by the shorter route (995 kms) by which the rakes were carried.

(3.) So far as the factual aspect is concerned, in the written-statement filed by the Railway Administration they were not denied, however, a legal objection was taken that the appellants have failed to serve statutory notice claiming refund of excess freight within a period of six months as stipulated under Section 106(3) of the Railways Act, 1989 (in short "the Railways Act").