M/S. KAMAKHYA BHANDAR Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
M/S. Kamakhya Bhandar
UNION OF INDIA
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KALYAN RAI SURANA,J. -
(1.) Heard Ms. M. Sarma, the learned counsel for the appellant as well as Ms. U. Chakraborty, the learned standing counsel appearing for the respondent Railways.
(2.) This appeal under section 23 of the Railway Claims Tribunal Act, 1987, is against the judgment and order dated 25.07.2008 passed by the learned Railway Claims Tribunal, Guwahati Bench, Guwahati in Application No. O.A. 303/2005 as well as the judgment and order dated 20.11.2008 passed by learned Railway Claims Tribunal, Guwahati Bench, Guwahati in Review Application No. 39/2008 arising out of O.A. No. 303/2005.
(3.) The case of the appellant in brief is that they are the legal title holder in respect of 4670 balties jagree (Gur) weighing 520 qtl. and the said consignment was purchased from the consignor, namely, M/s. Kanha Traders vide sale invoice No. 86 dated 05.11.2004 on payment of consideration of Rs. 8,16,400/-. The consignment was booked on 06.11.2004, but did not reach the destination within the ideal transit time. The appellant had submitted their claim for non-delivery of the goods vide their claim letter dated 07.02.2005 and on 08.02.2005, the respondents had asked them to submit the original R.R. purchase bill (beejuck), as such, the original R.R. and the beejuck was submitted to the Railway authorities on 10.02.2005. On receiving information of arrival of the consignment on 03.03.2005, a request was made to return the original R.R. to enable them to take delivery of the goods and had also requested for open delivery on proper assessment of loss. Accordingly, the Railways Administration had returned the R.R. vide their letter dated 03.03.2005 and the same was submitted to the concerned staff for taking delivery. It is stated that the unloading of goods was done on 13.03.2005 and that the Railway had assessed the loss and granted the assessment certificate on 31.03.2005. According to the assessment certificate, the appellant was delivered 265 balties jagree in good condition and remaining 4405 balties jagree was in badly melted and set-down condition and 7025 kg jagree was found short. It was projected that out of the purchase cost of Rs. 8,16,400/- they could recover only a sum of Rs. 3,41,704/- and therefore, the total loss sustained by them was Rs. 4,76,696/- and the appellant prayed for recovery of the said amount along with 15% interest per annum.;
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