INDIAN POTASH LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been preferred by Indian Potash Limited aggrieved by order dated 28-3-1996 passed by the Railway Claims Tribunal, Bhopal Bench in case No. OA 81/92.

(2.) THE appellant; M/s Indian Potash Limited filed a claim application claiming that the respondent had recovered excess freight and was liable to refund the amount. The appellant had booked one rake of DAP Fertilizer from bhavnagar to Indore on 20-6-1991. When the said consignment reached at indore, then the Station Superintendent demanded over charges a sum of rs. 2,24,459/- + Rs. 1,57,821/ -. It was also demanded on the previous rake which was booked on 7/8-6-1989 from Bhavnagar to Indore on the ground that it was meter-gauge route. As such it was found that there was deficit payment of rs. 1,57,821/- with respect to RRs No. 315982, 315983, 315984 and 315985, dated 7/8-6-89.

(3.) THE Railway Claims Tribunal has directed the respondent to pay rs. 2,24,459/- with respect to consignment booked on 20-6-1991. However, the claim of the appellant with respect to four RRs rakes booked on 7/8-6-1989 has been rejected on the ground that the Tribunal has no jurisdiction as the consignment was supplied in the year 1989. Mandatory notice under Section 78-B of the Indian Railways Act, 1890 was not given.