HULASH CHAND CHORARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Section 23 ofRailway Claims Tribunal ct, 1987 (in short, RCT) arising out of Application No. 67/91 challenging the order dt. 28-2-97 passed by the learned Railway Claims Tribunal, Guwahati, refusing to condone delay. Interestingly the present appeal also has been filed admittedly after the expiry of a period of 59 days beyond period of limitation and appeal was admitted deferring decision on prayer for the condonation of delay till the hearing of the appeal on merit.

(2.) The appellant, M/s. Hulash Chand Choraria and others of Kalibari Road, Silchar, submitted that a consignment of 90 bags of sugar was booked from Padrauna, (N.E. Rly.) to Silchar under invoice No. 24/238490, dated 28-3-1988. The consignment reached at the destination on 14-5-1988 after abnormal delay in damaged condition and 1770 Kg + 223 Kg. of sugar was delivered short. The appellant preferred claim for the loss quantified at Rs. 15644.00 at the rate of Rs. 800.00 per quintal.

(3.) That the Railways/respondents offered a sum of Rs. 1254.00, vide letter No. C/61/LP/399/SCL/88 HV dated 29-6-88 against the aforesaid claim of Rs. 15644.00, which was not accepted by the appellant. The appellant thereafter filed the claim petition before the Railway Claims Tribunal on 24th of May, 1991 after expiry of statutory period of 3 (three) years with a statement under column 7(f) of the claim-petition which goes as follows :-