UNION OF INDIA Vs. RUBY INTERNATIONAL

JUDGEMENT

(1.) M/s. Rubi International, Birat Nagar (Nepal) claiming to be owner of the goods filed Application Nos. OR 9800001 to OR 9800006 and OR 9800008 to. OR 9800014 before Railway Claims Tribunal, Patna Bench under Section 106 of the Railways Act, 1989 (hereinafter referred to as "the Act") for refund of freight over -charged.

(2.) The Associated Cement Companies Ltd. booked cement consignment from Jhinkpani Railway Station to Katihar Railway Station on 4/5 -8 -1996, vide RR Nos. n899999997681 to 897687 and on 15/16 -8 -1996 from Katihar to Jogbani, vide RR Nos. 843540 to 843547. Booking station was broad -gauge station, whereas destination was metre gauge station and as such movement of goods were subjected to transhipment at Katihar Railway Station. The Railway charged separately for broad -gauge and metre gauge movement on normal rate of freight, which was available at that time fixed by the Railway administration for booking of consignment of cement.

(3.) According to the claimant only telescopic rate of freight from Katihar to Jogbani was to be charged. It was claimed that claim notices were sent to N.F. Railway on 1 -8 -1997.