Railways Act, 1989
106. Notice of claim for compensation and refund of overcharge.—
(1) A person shall not be entitled to claim compensation against ... person shall not be entitled to a refund of an overcharge in respect of goods carried by railway unless a notice therefor has been served
Section 78B provides as under :
78B. Notification of Claims to refunds of overcharges and to compensation for losses: A person shall not be entitled ... refund of an overcharge in respect of animals or goods carried by railway or to compensation for the loss, destruction, damage, deterioration or non-delivery
tariff with a view to helping consumers in sparse areas by substantially overcharging the consumers in compact areas. In the interest of power development
issuance of notification for which the company is liable to deposit
the overcharged amount in respect of the quantity sold during this
period under ... Essential
Commodities Act, 1955 .
5. Based on the available information, the overcharged amount
was estimated at Rs 1,09,74,235/- (Rupees One Crore Nine
towards
W.P. (C) 639 of 2009 Page 1 of 9
overcharging amount and interest up to October 2008.
2. BLPL is registered ... alleged ground of overcharging by BLPL in terms of the DPCO 1995. BLPL
protested against the demand by its letter dated 6th May 2008. Thereafter
Section 55 in The Major Port Trusts Act, 1963
55. Refund of overcharges .-No person shall be entitled to a refund of an overcharge made ... relevant documents:
Provided that a Board may of its own motion remit overcharges made in its bills at any time
nature of the claim which was not one for refund of overcharge; that it was not necessary for the plaintiff to issue separate notice ... recover the differential freight charges; (ii) the claim being for refund of overcharge was not maintainable for want of notice under Section
which stipulates:
106. Notice of claim for compensation and refund of
overcharge.
"(1) A person shall not be entitled to claim
compensation against ... person shall not be entitled to a refund of an
overcharge in respect of goods carried by railway unless a
notice therefor has been served
General Manager to settle time barred
compensation claims for refund of overcharges. In these cases the
question involved is for consideration of the settlement ... time
barred compensation claim of the respondent for refund of the
overcharges.
03. The sole contention raised by Shri N. S. Ruprah, learned
counsel
Johnson Ltd. Therefore, both the petitioners were asked to show cause why overcharged amount should not be recovered from them under the Essential Commodities ... amount of interest on that overcharged amount should not be recovered from them. Reply was submitted to the show cause notice. The reply submitted
