Notice u/S 106 of Railways Act,1989 & S.80 of C.P.C.1908 for deterioration of goods (dry fruits).

Updated at:March 2010
 
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……………………………….

……………………………….

Advocate(s)

……………………………….

……………………………….

Address(s)

……………………………….

Date

Regd. AD/UPC/Personal Delivery

To

  1. The General Manager

    Northern Railways, (in case of Zonal Railway); or

    Union of India, (in case of any other Railway); or

    The owner of the Railway

    ………………………………………………..

    ………………………………………………..

  2. The General Manager

    Southern Railways, (in case of Zonal Railway); or

    Union of India, (in case of any other Railway); or

    The owner of the Railway

    ………………………………………………..

    ………………………………………………..

    Legal Notice under section 106 of the Railways Act, 1989 and section

    80 of the Code of Civil Procedure, 1908

    Sir,

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

  3. 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 …………..

  4. 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.

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

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

  7. 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.

  8. 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.

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

  10. 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.

  11. 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...

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