Section 15:
Right of common carrier in case of consignee’s default.
(1) If the consignee fails to take
delivery of any consignment of goods within a period of thirty days from the date of notice given by the
common carrier, such consignment may be deemed as unclaimed:
Provided that in case of perishable consignment, the period of thirty days shall not apply and the
consignment shall be deemed unclaimed after a period of twenty-four hours of service of notice or any
lesser period as may be mutually agreed to by and between the common carrier and the consignor.
(2) In the case of an unclaimed consignment under sub-section (1), the common carrier may,--
(a) if such consignment is perishable in nature, have the right to sell the consignment; or
(b) if such consignment is not perishable in nature, cause a notice to be served upon the consignee
or upon the consignor if the consignee is not available, requiring him to remove the goods within a
period of fifteen days from the date of receipt of the notice and in case of failure to comply with the
notice, the common carrier shall have the right to sell such consignment without any further notice to
the consignee or the consignor, as the case may be.
(3) The common carrier shall, out of the sale proceeds received under sub-section (2), retain a sum
equal to the freight, storage and other charges due including expenses incurred for the sale, and the
surplus, if any, from such sale proceeds shall be returned to the consignee or the consignor, as the case
may be.
(4) Unless otherwise agreed upon between the common carrier and consignor, the common carrier
shall be entitled to detain or dispose off the consignment in part or full to recover his dues in the event of
the consignee failing to make payment of the freight and other charges payable to the common carrier at
the time of taking delivery.