UPPER DOAB SUGAR MILLS LTD. vs SHAHDARA (DELHI) SAHARANPURLIGHT RAILWAY COMPANY LTD.

The Supreme Court held that under Section 41(1) of the Indian Railways Act, 1890, the Railway Rates Tribunal lacks jurisdiction to entertain complaints regarding the reasonableness of rates charged prior to the complaint's institution. The terms 'is charging' and 'is levying' are interpreted to mean current demands for services, thus precluding any consideration of past rates. Consequently, the Tribunal cannot order refunds as it cannot adjudicate on the reasonableness of charges made before the complaint was filed.