Notice Under Section 106 Of The Railways Act, 1989 And Section 80 Of The Code Of Civil Procedure, 1908 For Deterioration Of Goods (dry Fruits), Where The Value Of Goods Is Increased Considerably, On Behalf Of Consignors, In Case Where Goods Dispatched Fr 197 - Legal Draft

Legal Notice under section 106 of the Railways Act, 1989 and section
80 of the Code of Civil Procedure, 1908

For and on behalf of my client(s), who are consignors, ................... R/o ..............., I have to serve you with the following legal notice :-

1. That consignors (give name and address)........... booked and delivered the possession of a consignment of [No. of Bags......] bags of dry fruits, containing ......... kilograms each, totaling ............ kilograms, at [City Name......] Railway Station, Northern Railway, to be delivered at ................. Railway Station, Southern Railway to LMN (the consignees), vide RR No. .................. dated ..............

2. The consignment was to be kept in air-conditioned Bogie as was agreed upon because of the reason as disclosed to you that the goods are perishable.

3. That the consignment was insured vide policy No. ...................... Dated .............. with [Company Name.......] Insurance Company.

4. That the abovesaid consignment was to be delivered on ................. date by about ........................ time.

5. That the abovesaid consignment was found to be perished due to the reasons best known to you or your personnel. [Explain the probable reasons of such deterioration]. That the same was brought to your knowledge immediately when my client(s) came to know about it.

6. That my client(s) tried to contact you time and again, personally as well as through their agents, but were never given an opportunity of even being heard.

7. That having understood that my client may not get an opportunity to even explain their grievances, they wrote a number of letters dated ..............., ...................., ..............

8. That to the utter dismay of my client(s), as yet no response has been given to any of the aforesaid letters as has been written from time to time.

9. That, therefore, it appears that either the consignment has been destroyed/damaged due to your gross negligence or has been done away with some ulterior motive or has been deliberately damaged/destroyed by an enemy of my client(s) in the course of transit in connivance with the officials of yours.

10. That the Railway Administration has failed to deliver the consignment so booked in the same condition as was entrusted to it in spite of the best possible efforts and repeated demands made by my client(s).

11. That in the meantime the market value of the goods has fallen considerably which has which has definitely yielded loss to the tune of Rs. ................... The same could have been avoided, had the consignment been delivered at the right time.

12. That the Market value of goods on the expected delivery date was Rs. ................ which has gone to Rs. .................

13. That such conduct of yours is compensable in law and the responsible officials are liable, jointly as well as severally, civilly as well as criminally under law particularly under the Railway Act, 1989 read with Railway Claims Tribunal Act, 1987.

I, therefore, hereby call upon you either to give delivery of the impugned consignment together with compensation for aforesaid loss or in alternative to pay the market value as it then was at the time of the scheduled delivery i.e., Rs. ................... together with Rs. ............. towards the costs of this legal notice, within a period of two months from the date of receipt of this notice failing which I have definite instructions from my client(s) to take appropriate legal action. You shall be held responsible for all costs and consequences for which please take this notice.

May hope this time your conscious turns into being

Yours faithfully,

S/d

Advocate

(Name)