Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO. 11801/2013
[From the judgment and order dated 15.06.2012 in CMA
No. 2561/2011 of the High Court of Madras]
Shri Ramji Enterprises Rep. by
Managing Partner … Petitioner (s)
Versus
Union of India and others … Respondent (s)
J U D G M E N T
KURIAN, J.:
1. Petitioner is the applicant before the Railway Claims
Tribunal, Chennai in Case No. O.A.(I) 5/2008. The
application was filed claiming compensation to the tune
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of Rs.13,76,720/- on account of the alleged short
delivery of the 264 metric tonnes of charcoal. According
to the petitioner, 850 metric tonnes of charcoal in
gunny bags weighing around 72 kilograms each were
entrusted to the Railways at Koodal Nagar Railway
Station, Madurai by the petitioner for safe carriage and
delivery to Indian Metals and Ferro Alloys Limited at
Therubali Railway Station in Orissa, under railway
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receipts issued between 16 and 19 September, 1993.
The charcoal was loaded in 28 wagons directly from
lorries, as per the receipts of authorized weigh bridge at
Madurai. Since there was no weigh bridge at the Koodal
Nagar Railway Station, the railway receipts contained
following note “No weigh bridge at KON, destination to
weigh collect u/c if any”. However, when the goods
were delivered at Therubali to the consignee on
25.09.1993, no further weighment was made.
2. It appears, some disputes between the consignee and
the petitioner (consignor) arose much later which also
included a dispute on the quantum of charcoal
delivered. Thus, based only on the plea of short
delivery, after around 1½ years, the petitioner filed a
complaint before the State Consumer Disputes
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Redressal Commission on 23.02.1995. Though the
same was allowed, the National Consumer Disputes
Redressal Commission set it aside on the ground of lack
of jurisdiction. Thereafter, the petitioner filed the
original application before the Railway Claims Tribunal
(hereinafter referred to as ‘the Tribunal’). The Tribunal
framed the following issues:
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“1. Whether the petition is barred by limitation
under Section 17(a) of the RCT Act as alleged
in Para 3 of the reply?
2. Whether a valid notice under Section 106 of
the RCT Act, 1989 was served on the
respondent railways or not as alleged in Para
2 of the reply?
3. Whether any partial delivery certificate has
been issued by the respondent regarding
shortage of the consigned goods?
4. Whether the petitioner is liable to get any
compensation or not?
5. Whether the petitioner is entitled for any
interest as claimed in the petition?
6. To what relief, if any?”
3. The issue no. 1 on limitation was answered in favour of
the petitioner. Issue No. 2 was answered against the
petitioner holding that no notice under Section 106 of
the Railways Act, 1989 was served on the Railways.
Issue no. 3 was also answered against the petitioner
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and in favour of the respondent holding that the
consignee had taken delivery of the entire consignment
under clear receipt and without any protest and, hence,
there was no question of any partial delivery certificate.
Issue nos. 4 and 5 were also answered against the
petitioner. Thus, the application was dismissed by the
Railway Claims Tribunal by judgment dated 14.12.2010.
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4. The petitioner pursued its further remedy in Civil
Miscellaneous Appeal before the High Court of Madras
leading to the impugned judgment dated 15.06.2012.
After elaborately considering the factual and legal
aspects, the appeal was dismissed and, thus,
aggrieved, the present special leave petition has been
filed.
5. It has been specifically noted by the High Court as
follows:
“11. … There is no dispute with regard to the
loading and unloading of charcoal and the number
of gunny bags loaded and unloaded. It is also not
the case of the appellant that there was shortage
in the number of gunny bags unloaded. However,
the shortage is only with regard to the quantity of
charcoal unloaded, namely, 264 metric tonnes.
Based on this, the claim is made by the appellant.
However, the claim of short delivery of charcoal is
based on the plea made by the consignee. Initially,
the appellant had approached the Consumer
Forum even without issuing a notice to the
respondent Railways in March, 1995. That is, the
goods were taken delivery by the consignee on
25.09.1993; the appellant had approached the
Consumer Forum after a period of nearly 1½
years; the proof for short delivery is only the plea
made by the consignee and that plea has been
made by the consignee on 23.2.1995. If, actually,
there had been short delivery of goods, it is not
explained as to what prevented the consignee,
while taking delivery, from bringing it to the notice
of the Railway Authorities or what prevented the
appellant from taking immediate steps in regard
thereto. …”
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(Emphasis supplied)
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6. There is also no case for the petitioner that the alleged
short delivery was verified by the petitioner in its
presence at the premise of the consignee. In any case,
there is no case for the consignee before the Railways
that there was short delivery. The goods were taken
delivery without any protest and there was never any
representation by the consignee before the Railways
that there was any short delivery. It was the petitioner
(consignor) for the first time which made a claim before
the Consumer Commission regarding the alleged short
delivery after around 1½ years, based only on the plea
of the consignee made after more than one year.
Admittedly no notice was sent either by the consignee
or by the consignor under Section 106 of the Railways
Act, 1989 regarding the alleged short delivery before
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filing a complaint before the State Consumer Disputes
Redressal Commission, after 1½ years of taking
delivery. It is also significant to note that the consignee
did not have any protest with regard to the number of
gunny bags or the alleged weight entered in the railway
receipts, at the time of delivery. Certainly the claim
suffers from delay and laches.
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7. In such circumstances, we do not find any merit in this
petition. Both, the Railway Claims Tribunal and the High
Court have correctly appreciated the factual and legal
position. The special leave petition is accordingly
dismissed.
8. There is no order as to costs.
…………….…..
…………J.
(GYAN SUDHA
MISRA)
.………….
………………J.
(KURIAN JOSEPH)
New Delhi;
April 25, 2014.
JUDGMENT
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