UNION OF INDIA Vs. M.S SUN RISE

JUDGEMENT

(1.) Heard Mr. B. Sarma, learned standing counsel, N.F. Railway as well as Ms. M. Sarma, learned counsel representing the respondent.

(2.) This appeal has been preferred against the judgment and order dated 28.02.2011 passed by the learned Railway Claims Tribunal (RCT), Guwahati Bench, Guwahati in O.A. III/GHY/2004/0139 whereby the learned Tribunal had allowed the claim of the respondent for refund of excess freight charges and issued a direction upon the Railways for payment of a sum of Rs. 1,46,218/- along with interest @ 6% per annum to be calculated from the date of filing of the claim. The learned RCT has also directed the appellant to pay a further sum of Rs. 3200/- as cost of application and an amount of Rs. 2450/- as lawyers fee.

(3.) The fact of the case, in a nutshell, is that 40 wagons of potato were booked by the consignor i.e the respondent No. 1 from Doraha to Jorhat Town under R.R. No. D316881 dated 18.12.2003. At the time of booking the wagons the total amount of freight charges paid by the consignor was Rs. 14,63,000/-. The endorsee/ consignee of the freight was M/s Iqbal Farm. On 24.12.2003, the consignee had issued a letter to the Chief Claimant Officer, N.F. Railway, Maligaon, Guwahati requesting for interception (diversion) of the rake stating that the 40 wagons of potato be permitted to be unloaded at the New Guwahati Station. Responding to the letter dated 24.12.2003, the Chief Claims Officer had issued a W.T. message dated 24.12.2003 allowing the consignee to unload the consignment at the New Guwahati Station. The aforesaid request was allowed on payment of Rs. 12,000/- as interception fee. Thereafter, the respondent No. 1 had lodged a claim for refund of the excess freight which was repudiated by the Railway. Situating thus, the respondent No. 1 had issued a notice under Section 106 of the Railways Act, 1989 demanding payment of the excess freight. However, when the appellant had failed to respond to the aforesaid notice, the respondent No. 1 as claimant, had approached the learned Railway Claims Tribunal (RCT) by filing the aforesaid claims petition which was allowed by the impugned judgment and order dated 28.02.2011.