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2014 (1) TMI 1808 - HC - Indian LawsJurisdiction of Tribunal in Petition for refund - wrongly charged on account of wharfage and demurrage - shortage of goods received as against the goods consigned through the Railways duly received - Held that:- 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 Act of 1987 but defined in the Railways Act 1989 or the rules made thereunder shall have the meanings respectively assigned to them in that Act or the said rules. A bare look at Section 13 (1) (b) of the 1987 Act indicates that claim before the Tribunal have to relate inter alia to the refund of the freight or fares. The Tribunal has not been conferred jurisdiction to entertain claims for refund of the wharfage or demurrage. It is worthwhile noting that charge towards freight is a contractual charge for the carriage of goods while both demurrage and wharfage are in the nature of penalty/ demage to the railways for breach of the consignee's obligation to clear the van carrying the goods and thereafter railway sidings within permissible free time. As stated earlier freight thus cannot be equated with wharfage and demurrage. In considered opinion, in the state of conclusions drawn on the interpretation of Section 13 (1) (b) of the 1987 Act, the learned Tribunal cannot be said to have erred or otherwise wrongfully refused to exercise its jurisdiction on the claim petition filed by the claimant-appellant.
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