FIRM BALMUKUND HARIKISHAN Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) THIS Small Cause Revision involves an important question of law of general interest and is likely to affect persons who have occasion to deal with the Railways for the purpose of sending goods through their agency.

(2.) A consignment of 200 bags of sugar was hooked at Rampura Station situated on the E. I. Railway at owner's risk (O.R.) at reduced rate of Rs. 1 -4 -0 per maund. A railway receipt evidencing the acceptance of the goods for carriage to Indore Station was issued and bore No. 634713 dated 4 -10 -1948. The total amount payable to Railways was Rs. 698 -8 -0 which was duly paid. The receipt was endorsed by the consignee to the plaintiff who in due course presented to the Railway authorities at Indore on the arrival of the goods there.

(3.) ON the other hand, it was contended in defence on behalf of the defendant that there was only one rate in respect of this commodity between Rampura and Indore and that was the third Class rate as given in the Railway Tariff at railway risk and the alternative reduced rate at owner's risk was not provided for by the Tariff Regulations prevailing then. The charge collected by the goods -clerk at the despatching Station at that rate was clearly unauthorised and constituted an underpayment and that by Term No. 6 printed on the back of the railway receipt and also by Rule No. 15 Goods Tariff Part I Chapter I the Railway Administration were entitled to recalculate and reclassify the rates already charged and claim to recover the deficit amount under -paid before permitting delivery.