NOOLKANTH SALT SUPPLY CO Vs. UNION OF INDIA AND OTHERS
LAWS(GAU)-2018-3-124
HIGH COURT OF GAUHATI
Decided on March 22,2018

Noolkanth Salt Supply Co Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

SUMAN SHYAM,J. - (1.) Heard Mr. H.P. Barman, learned counsel for the appellant. I have also heard Mr. B. Sarma, learned counsel appearing for the N.F. Railways. The judgement and order dated 31/08/2004 passed by the Railway Claims Tribunal, Guwahati in Application No. 361/99 filed by the appellant, rejecting the claim for refund of Freight allegedly over-charge by the Railways by holding that the application was not maintainable, is under challenge in the present appeal.
(2.) It appears from the record that the appellant as the consignee had booked 5 wagons of iodised salt against Railway Receipt (RR) No. 792831, 792832 and 792833 on 25/11/1997 in favour of Mukhyada Associates i.e. the consignee, from Station GIMB to New Guwahati (NGC). After delivery of the consignment, the appellant consignee had lodged a claim before the Railways demanding refund of an amount of Rs. 28,242/- on the ground that the consignment having travelled through a dearer route, the freight charged by the Railways was in excess of the applicable amount. By referring to the provisions of Section 74 of the Act of 1989, the learned tribunal had dismissed the claim of the appellant by holding that it was only the Railways which can claim freight over the consignor and not vice-versa as the consignor does not hold title of the consignment so as to claim refund of difference of freight, if any.
(3.) Assailing the decision of the learned Railway Claims Tribunal, Mr. Barman, submits that section 74 of the Act of 1989 would not have any application in the matter of claim for refund of freight and therefore, the learned Tribunal was not correct in rejecting the application without entering into the merit of the claim.;


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