Railway matter
anupam sharma
(Querist) 27 August 2014
This query is : Resolved
I was in receipt of letter dated 22.07.2014 to pay punitive charges Rs.15,02,342/- and the annexure to the said letter depicted net chargeable weight as 2757.33 tonns whereas actually the railway receipt no.212000176 duly issued by RAILWAY department clearly states the net chargeable weight as 2652.000.
It is pertinent to mention that the worksheet attached with the demand note shows that 158.300 Tonns of material was excess loaded in the rake whereas the actual material received by my client is 2643.560 Tonns i.e 8.440 Tons short as per the loaded material shown in the railway receipt (2652.000 Tonns). Also, the bill issued by seller shows loaded material as 2650 Tonns.
A letter was received from railway in which it was stated that Railway is not satisfied with report sent by my client and my client is requested to pay punitive charges Rs.15,02,342/- within 7 days otherwise next delivery of consignment of my client will be held up and railway would collect above charges under section 83 and 84 of 1989(Act).
What should I do? Any remedy before railway tribunal?? Or a civil suit lies?? Or direction matter/writ lies before High Court??
