P.K. DAS Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the order dated 23.12.1998 passed by the learned Railway Claims Tribunal (RCT) in Application No. 618/98.

(2.) THE appellant Shri P. K. Das, Purna Bhander, New Market, Diphu booked one consignment of 9 bags of tea under PW Bill No. D635829 dated 25.7.1995 from Dibrugarh Town to Diphu. There was an abnormal delay in delivery and out of 9 bags of tea 6 bags were delivered to the consignee. The appellant preferred a claim of Rs. 5301.00 for 93 Kg of tea (3 bags containing 31 Kg each) at the rate of Rs. 57.00 per Kg, but the learned Tribunal dismissed the claim on an erroneous finding that notice was not served on the respondent. That it was not a fact that notice was not served. Hence this appeal.

(3.) ACCORDINGLY , there is no merit in the appeal and it is dismissed upholding the findings of the learned Tribunal below.