UNION OF INDIA Vs. RAMJI ENTERPRISES

JUDGEMENT

(1.) APPELLANTS are aggrieved of the order of the State Commission Tamil Nadu. State Commission had given an award over a sum of Rs. 13.75 lakhs with interest @ 18% per annum and also cost of Rs.3000/- on alleged ground of deficiency of service by the Railways, a Department of Union of India in the Ministry of Railways.

(2.) COMPLAINT of the respondent No. 1 -complainant was based on the allegation that charcoal was loaded in railway wagons. There was no weighing bridge at Koodal Nagar Railway Station where the consignment of charcoal was loaded. Railway receipts were issued quoting minimum charges payable by the complainant and directing Railway Station Therubali to weigh the consignment and to collect the under charges if any. It was the allegation of the complainant that the charcoal was 850 metric tonnes . It is stated that the Station Master at Therubali did not weigh the consignment and allowed the consignment to be unloaded and taken to the factory premises of M/s. Indian Metals and Ferrow Alloys Ltd., one of the opposite parties in the complaint. Further allegation is that there was loss of 264 metric tonnes of charcoal amounting to Rs. 13.75 lakhs. Alleging deficiency in service the complaint was filed in the State Commission on 9.2.1995. Complaint was allowed as mentioned above. It is submitted before us that State Commission could not have taken cognizance of the complaint as it was barred by the provisions of Railway Claims Tribunal Act, 1987. This Act came into force on 8.11.1989. Reference has been made by Mr. Singh, learned counsel for the appellant, to Section 13, 15 and 28 of the said Act. These Sections we quote: