- (1.) THIS appeal is at the instance of the Eastern Railway and is directed against the award dated 22nd November, 2000 passed by the Railway Claims tribunal, Calcutta, in Railway Claim Application No. 979 of 1999 by which the tribunal passed an award for refund of Rs. 24,473/ -.
(2.) THE facts giving rise to filing of the present appeal may be summed up thus: One consignment dated 29th October, 1998 was booked from Chirai to malda Town Station and the consignment was loaded in five wagons. As the loading was not supervised by the Railway staff, in the receipt, such fact was specifically mentioned. According to the Railway, while the consignment loaded on wagon was on its way to the destination station, a vigilance team of the eastern Railway intercepted the train concerned and conducted reweighment of those wagons at the Pakur Railway weighbridge and found that there was overloading; as a result, the Railway Authority demanded the excess charge for 34 quintals amounting to Rs. 22,104/- at the destination from the owner of the consignment.
(3.) THE respondent immediately protested against the said action of the railway and claimed reweighment at the destination when the Railway Authority, on such prayer, specifically recorded that there was no provision for reweighment at the Malda Town Station. Finding no other way, in order to avoid demurrage, the claimant was compelled to remove the goods on payment of excess charge and thereafter, lodged the claim for repayment of the amount.;