Wed. Apr 21st, 2021

M/S Global Carrying India vs Union Of India & Ors. on 18 May, 2017

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2. Section 106(3) of the Railways Act reads as under:-

“106. Notice of claim for compensation and refund of overcharge-
xxxxx
(3) A 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 by him
or on his behalf to the railway administration to which the overcharge has
been paid within six months from the date of such payment or the date of
delivery of such goods at the destination station, whichever is later.”

3. A reading of sub-section 3 of Section 106 of the Railways

Act makes it clear that where a person files a claim petition for refund

of overcharge in respect of goods carried by the Railways, then, unless

FAO Nos. 2/2017 & 3/2017 Page 2 of 8
a notice with respect to the claim has been served by him or on his

behalf to the railway administration within a period of six months of

overcharge or of the six months of date of delivery of goods, no claim

shall lie against the Railways.

Source: Indian Kanoon

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