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Guideline for Drafting Another Notice Under Section 78B, Indian Railways Act, 1890, for Short Delivery
Usage: Another Notice under Section 78B of the Indian Railways Act, 1890, is used when a consignee or a person receiving goods via railway transportation identifies that the delivered goods are short in quantity compared to what was specified in the railway receipt. This notice informs the railway administration of the short delivery and requests appropriate action, such as compensation or the investigation of the shortage.
Common Mistakes to Avoid:
Accurate Identification: Clearly identify the sender (consignee), the railway administration, and any relevant parties, providing full names, contact details, and reference numbers or consignment details.
Description of Goods: Specify the type of goods, quantity, and any unique characteristics that facilitate their identification.
Short Delivery Details: Provide a detailed account of the short delivery, including the date, time, location, and circumstances. Attach any supporting evidence, such as the railway receipt and photographs.
Legal Reference: Reference Section 78B of the Indian Railways Act, 1890, in the notice to establish the legal basis for the claim.
Notification Deadline: Adhere to any statutory deadlines for notifying the railway administration of the short delivery, typically within a specified period from the date of delivery or discovery of the shortage.
Claim Amount: Clearly state the amount of compensation or remedy being sought, along with any calculations or justifications for the requested amount.
Delivery Method: Use a reliable and legally acceptable delivery method, such as registered post with acknowledgment due, to ensure proper notice. Maintain proof of delivery.
Professional Tone: Maintain a professional and respectful tone in the notice to facilitate cooperation with the railway administration.
Legal Consultation: Seek legal advice if the issue is complex or if disputes arise with the railway administration to ensure you are following the correct procedures.
Recordkeeping: Keep copies of the notice, all supporting documents, and any correspondence with the railway administration for reference during the resolution process.
By following these guidelines and avoiding common mistakes, consignees can draft Another Notice under Section 78B, Indian Railways Act, 1890, for Short Delivery effectively, ensuring that their claims for compensation or resolution are processed in accordance with the law and railway regulations.