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2017 (8) TMI 1028 - HC - CustomsTransportation of consignments to various places - freight charges - Whether the respondent/plaintiff is not entitled to recover a sum of ₹ 3,09,689/- paid towards the Customs duty at Nepal Border? - Held that: - Though the Customs duty will be payable at 5% concession rate, it is the duty of transporter to contact the customer at Kathumandu. Except the above no obligation whatsoever imposed on Transport Corporation of India. It is the specific case of the plaintiff that since all the relevant documents were not given by the appellant. The lorries were detained at check post. The transporter, in order to release the lorries detained for more than 28 days, has no other option except to pay the Customs duty from his own pocket. It is also informed to the defendant that the transporter cannot endlessly wait for the customer to pay the Customs duty. It is the duty of the consignor also. Therefore, merely because some conditions was imposed on the plaintiff in the agreement to contact the customer, it cannot be stated that the amount legally paid by the plaintiff cannot be recovered. D.W.1, in his evidence also admitted that lorries were detained at Nepal and that they have not taken any steps to release the lorries. In the absence of specific pleading with regard to the amount liable to be adjusted, merely on the basis of some admission in one of the correspondence in Ex.A11 that their engineers also issued certificate, it cannot stated that specific amount has been quantified. In the absence of any specific pleadings in that regard, and also failure to produce any evidence to substantiate the nature of the damages allegedly suffered, the amount with regard to the damages in respect of consignment during transit period, cannot be adjusted, merely on the basis of some surmise. Appeal dismissed - decided against appellant.
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