Compensation claims for loss, damage, etc. to consignments in transit are dealt with by CONCOR in accordance with the provision of the Indian railways Act 1989.CONCOR assumes responsibility for the loss, destruction, damage or deterioration, or non-delivery of any consignment in transit, arising from any cause except the following, namely :-
- a) Act of god;
- b) Act of war;
- c) Act of public enemies;
- d) Arrest, restraint or seizure under legal process;
- e) Orders or restrictions imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a State Government authorized by it in this behalf;
- f) Act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee;
- g) Natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;
- h) Latent defects;
- i) Fire, explosion or any unforeseen risk :
According to the rules notified under the said Act, every person entrusting any cargo to CONCOR for carriage by rail or road shall execute a Forwarding note in such form as may be specified and the consignor shall be responsible for the correctness of the particulars furnished by him in the forwarding note. The consignor shall indemnify the CONCOR administration against any damage suffered by it by reason of the incorrectness or incompleteness of the particulars in the forwarding note. Further, the liability of CONCOR for general goods shall not exceed an amount calculated on the basis of invoice value subject to a maximum rate of Rs 50/- per kg unless the consignor had declared the value of the consignment at the time of booking, and paid in addition to freight charges, a percentage charge which varies from 0.25% to 1% of the value depending on the distance for which the consignment is booked.
In order to avoid a time bar on settlement of claims the claims should be preferred within six months of the date of booking.
All claims should be addressed to the Head of the Region (CGM/RGM) where the destination station/depot lies.To assist us in dealing with claim case promptly, claimants are requested to furnish the following details in their claim letter in the format which can be downloaded:
FORMAT FOR CLAIM LETTER
- Copy of Inland Way Bill which shall be prime facie evidence of weight and no. of packages.
- Booking station
- Destination station
- Factory stuffing/Terminal stuffing
- Terminal destuffing/factory destuffing.
- Commodity-description & weight
- Details of loss/shortage/ damage
- Shortage certificate/open delivery/ assessment delivery certificate issued by CONCOR at the time of delivery.
- Amount claimed (indicating the basis on which this has been arrived at, such as original trade invoice, beejuk, bill,etc.
Exoneration from responsibility under section 102 of IR Act 1989:CONCOR administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any consignment in following circumstances:
- When such loss, destruction, damage, deterioration or non-delivery is due to false declaration.
- Where fraud is practiced by consignor/consignee/agent.
- In case of improper loading/ unloading by consignor/ consignee/ agent.
- Riot, civil commotion, strike, lock-out, stoppage or restraint of labour from whatever cause arising whether partial or general
- Any direct/indirect or consequential loss or damage or for loss of particular market