INDO SALT COMPANY Vs. U.O.I.

JUDGEMENT

(1.) This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been filed by the appellant aggrieved against the judgment dated 10.03.2004 passed by the Railway Claims Tribunal, Jaipur Bench ('the Tribunal'), whereby the claim made by the appellants has been dismissed.

(2.) The application was filed by the appellants before the Tribunal for refund of freight amounting to Rs. 4,57,009/-, inter alia, with the averments that the applicants were Salt Traders; after clubbing their demand placed indents for a rake consisting of 40 box wagons to carry salt from Phalodi to Narayanpura Anant; the respondents instead of supplying 40 box wagons, supplied 58 CRT wagons; the applicants loaded their consignment in the allotted CRT wagons and 29 Railways receipts were issued to the applicants. It was claimed that the Station Master, Phalodi through his communication dated 10.04.1995 (Annex.-A/3) specifically asked the applicants to load each CRT wagon, as per its carrying capacity plus 2 tonnes. The applicants complying with the specific written direction, loaded 2 tonnes extra than the carrying capacity in each of the CRT wagons; the required Railway receipts were issued to them. On the consignment reaching the destination, the Station Master, Narayanpura Anant charged penal freight and other penalty for 2 tonnes extra loading in each CRT wagon vide Annex.-A/6, the total amount being Rs. 4,57,009/-. It was claimed that applicants had paid the freight for carrying capacity plus 2 tonnes at the booking Station. It was, inter alia, claimed that action of the respondents in recoverying the undercharge was wholly arbitrary and unreasonable, no wrong was committed in loading the CRT wagons in terms of the directions of the Station Master, Phalodi and, therefore, the applicants have no liability, the recovery was contrary to principles of natural justice and prayed that the amount be refunded.

(3.) A response to the application was filed by the respondent-Railways, except for accepting that the applicants loaded 2 tonnes extra than the carrying capacity in each of the CRT wagons, rest of the averments made in the application were denied. In additional pleas, it was submitted that the applicants have no cause of action, after getting indent from the consignors, the administration placed 58 CRT wagons for loading of subject consignment at forwarding Station, wagons supplied were having carrying capacity of 28 tonnes in each CRT wagon, wherein the consignments were directly loaded, which was not supervised by the Railway Staff. The permitted loading of salt in CRT wagons was 28 tonnes only i.e. the carrying capacity, however, the applicants loaded more than the carrying capacity; when the loading was more than the allowed weight, the freight ought to have been charged as per Rules, but the staff of the forwarding Station charged normal rate by mistake and on arrival of the consignment at destination station, the error was detected and charges were realized. It was prayed that the application be dismissed.