Section 81: Open delivery of consignments

Where the consignment arrives in a damaged condition or shows signs of having been tampered with and the consignee or the endorsee demands open delivery, the railway administration shall give open delivery in such manner as may be prescribed.

Simplified Explanation

Section 81 of the Railways Act, 1989 deals with the situation where a consignment arrives in a damaged condition or shows signs of having been tampered with, and the consignee or endorsee requests an open delivery. The section mandates that the railway administration must allow an open delivery in such circumstances, following prescribed procedures.

Key Provisions:

1. Damage or Tampering (Sub-section 1):
   • If a consignment arrives in a damaged condition or there are signs of tampering, the consignee or endorsee can demand an open delivery.
   • The railway administration is obligated to grant open delivery if the consignment shows evidence of damage or tampering.
2. Open Delivery (Sub-section 2):
   • Open delivery refers to the process where the consignment is opened in the presence of the consignee (or endorsee) and the contents are inspected to verify the condition of the goods.
   • This is particularly important for damaged or tampered goods, as it allows the consignee or endorsee to verify the extent of the damage or tampering before accepting the goods.
3. Prescribed Procedure (Sub-section 3):
   • The railway administration must carry out the open delivery in the manner prescribed by regulations or rules made under the Act. This ensures that there is a standard procedure to follow when conducting an open delivery.

Practical Implications:

1. Protection for Consignee/Endorsee:
   • The provision allows the consignee or endorsee to verify the condition of goods upon delivery. If the goods are damaged or tampered with, they can assess the damage before formally accepting the consignment.
   • This helps ensure that the railway administration is held accountable for the condition of the goods while they were in transit.
2. Documenting Damage or Tampering:
   • The open delivery process allows for a clear documentation of any damage or tampering, which can be used later to claim compensation or resolve disputes.
   • Example: If a consignment containing electronic goods is damaged, the consignee can demand an open delivery to assess whether the goods were damaged during transit or before.
3. Limiting Liability:
   • By allowing open delivery, the railway administration can minimize disputes regarding the condition of goods at the time of delivery. The process ensures that the damage or tampering is recorded and verified by both parties.
   • Example: If a consignment of perishable goods shows signs of tampering, open delivery helps verify the condition of the goods and protect the railway administration from claims based on unverified damage.
4. Timely Claims Resolution:
   • The open delivery procedure helps resolve claims related to damaged or tampered goods more efficiently by providing a transparent process for inspection.

Conclusion:

Section 81 ensures that if a consignment arrives in a damaged condition or shows signs of tampering, the consignee or endorsee can request an open delivery. The railway administration must comply with this request and follow the prescribed procedures for conducting the open delivery, allowing the goods to be inspected before being accepted. This provision protects both the consignee and the railway administration by providing a clear process for handling damaged or tampered goods.