Section 82: Partial delivery of consignments

(1) The consignee or endorsee shall, as soon as the consignment or part thereof is ready for delivery, take delivery of such consignment or part thereof notwithstanding that such consignment or part thereof is damaged

(2) In the case of partial delivery under sub-section (1), the railway administration shall furnish a partial delivery certificate, in such form as may be prescribed.

(3) If the consignee or endorsee refuses to take delivery under sub-section (1), the consignment or part thereof shall be subject to wharfage charges beyond the time allowed for removal.

Simplified Explanation

Provision Text:

1. Sub-section (1):
   The consignee or endorsee shall, as soon as the consignment or part thereof is ready for delivery, take delivery of such consignment or part thereof, notwithstanding that such consignment or part thereof is damaged.
2. Sub-section (2):
   In the case of partial delivery under sub-section (1), the railway administration shall furnish a partial delivery certificate, in such form as may be prescribed.
3. Sub-section (3):
   If the consignee or endorsee refuses to take delivery under sub-section (1), the consignment or part thereof shall be subject to wharfage charges beyond the time allowed for removal.

Key Features of Section 82

1. Obligation to Accept Delivery (Sub-section 1):
   • Once a consignment, or a part of it, is ready for delivery, the consignee or endorsee must take possession, even if the consignment is damaged. This is aimed at preventing delays and ensuring the smooth flow of goods.
2. Partial Delivery Certificate (Sub-section 2):
   • When partial delivery is made, the railway administration must issue a certificate confirming that only part of the consignment has been delivered, as prescribed in the rules. This ensures a formal record of the delivery.
3. Consequences of Refusal (Sub-section 3):
   • If the consignee refuses to take delivery of the consignment or any part of it, they are liable to pay wharfage charges (charges for storage or handling) if the goods are not removed within the specified time limit.

Explanation

1. Ensuring Delivery Compliance:
   • Sub-section (1) places an obligation on the consignee to accept the goods as soon as they are available, even if damaged, to avoid unnecessary delays in the transport process.
2. Partial Delivery and Certification:
   • In cases of partial delivery, the railway administration is required to provide a certificate, helping to clarify the status of the consignment and ensure transparency in the process.
3. Penalty for Non-acceptance:
   • If the consignee or endorsee refuses delivery after being notified, they face wharfage charges. These charges are levied to discourage unnecessary delays in the collection of goods and to cover the cost of handling and storage.

Practical Implications

1. Risk of Damaged Goods:
   • Consignees are expected to accept goods even if they are damaged. This ensures that the railway system does not face unnecessary delays or complications in transferring liability for goods. However, consignees might seek compensation for the damage through other means (e.g., insurance or claims).
2. Transparency in Partial Deliveries:
   • The requirement for a partial delivery certificate ensures that the consignee is informed about the status of the consignment, reducing the risk of disputes regarding what has been delivered and what remains.
3. Disincentive Against Delay:
   • The provision regarding wharfage charges acts as a deterrent against refusing to take delivery of consignments, helping to keep goods moving efficiently and reducing congestion at railway stations or warehouses.

Example Scenarios

1. Damaged Goods Delivery:
   • A company receives part of its consignment but notices that it is damaged. Despite the damage, the company must accept the consignment and can later claim compensation through insurance or other legal channels.
2. Partial Delivery:
   • A consignee receives a portion of a large consignment and is issued a partial delivery certificate. The remaining goods will be delivered at a later date, and the certificate serves as proof of what has been received.
3. Refusal of Delivery:
   • A consignee refuses to take delivery of part of a consignment, and the goods remain in the railway’s custody beyond the time allowed. As a result, the consignee is charged wharfage fees for the extra storage time.

Conclusion

Section 82 ensures that goods are delivered efficiently and without unnecessary delay, while also providing for the handling of partial deliveries and damaged goods. The provisions serve to protect both the railway administration and the consignee by formalizing the process and introducing penalties for refusal of delivery, ultimately contributing to the smooth operation of the railway transport system.