2014 (1) TMI 1808

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....edly wrongly charged on account of wharfage and demurrage. The facts of the case are that in respect of a consignment booked by the claimant with respondents Railways (hereinafter `the Railways') dispute arose on arrival of the consignment at Bharatpur with regard to quantity received, as apparently the packaging of the consignment was disturbed and out of 5 bundles of steel bars consigned only three and a half bundles were available in the railway van. Requests for reweighing made were refused. Representations for the purpose moved before the Divisional Railway Manager, Western Railway was also rejected. Since the Railways refused to reweigh the consignment, the claimant had no option but to take delivery of the consignment under prot....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d demurrage charges aforesaid levied against the claimant and recovered unjustifiably. The claim was however not settled by the Railways. In the circumstances a claim petition was filed by the claimant before the Tribunal claiming of Rs. 42,214.68, on account of unjustifiable wharfage and demurrage as also interest thereupon from the date of payment under protest till the date of filing of claim petition. In spite of notice of the claim petition, the Railway Administration remained exparte and it failed to file reply to the claim petition. The claimant relied upon the affidavit of Mr. B.D. Maloo in support of its case even while Railways set up no defence in evidence. However the learned Tribunal proceeded to dismiss the claim petition on ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....3. Jurisdiction, powers and authority of Claims Tribunal. (1) The claims Tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as ere exercisable immediately before that day by any civil court or a Claims Commissioner appointed under the provisions of the Railways Act (a) x x x (b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway. It is thus apparent that the jurisdiction of the Tribunal is inter alia limited to claims for refund of fares or refundable freight. Section 2(o) of the 1987 Act provides that words and expressions used and not defined in the ....