Damage is refunded - the question is exhausted
With the assistance of NCE "Atameken" the forwarding company protected it’s rights and won a lawsuit
Because of the Order of the State Revenue Committee of the Ministry of Finance of RK, according to which the risk profile №491 was hit in respect of goods imported by rail, at the "Dostyk" and "Altynkol" the delay of transport occurred at the stations. The risk profile hit due to the incorrect or untimely directed advance information. As a result 721 units of transport (356 wagons and 365 containers got stuck). The total amount of fines, exhibited to Kazakh forwarding companies, amounted to more than 152 million tenge.
Defending our rights, shipping companies have filed a collective lawsuit to the courts with regard to compensation of unjustified expenses incurred due to the delay of wagons. Inconsistent and unfinished actions of SRC and JSC "NC" Kazakhstan Temir Zholy" had a negative impact on the activities of freight forwarders, as a result of which KTZH imposed a multimillion fines for a standstill of transport. Thus, a specialized inter-district economic court of Astana received a claim of LLP “MAXX Intermodal Systems”, LLP “Ahlers Kazakhstan”, LLP “IFC COLOS”, LLP "IEC TGL”, LLP “ART Cargo”, LLP “B-Company”, LLP "Transit Cargo Almaty", LLP "Maksat 2030", LLP "STI Logistiks", LLP "IEC Atasu", LLP “Eurasia Trans Logistik” and LLP "Globalink" Transportation and Logistics World Wide for the recovery of the amount of damages in the amount of 82,907 801.38 to the State Revenue Committee, JSC "Kazakhstan Temir Zholy" and JSC "Kedentransservice".
Employees of the Department of Logistics and Transportation of NCE RK "Atameken" have provided legal support for collective action in the courts; preparation of relevant applications to the competent state bodies (SRC MF RK, Prosecutor General's Office of RK) and JSC "NC" Kazakhstan Temir Zholy"; preparation of relevant materials of the case to the judicial authorities, as well as a written comment on the materials of the case to the judicial authorities. Representatives of NCE were present at each of the six meetings of the instituted civil proceedings.
As a result, the court ruled to satisfy the claim of entrepreneurs totaling more than 70 million tenge, including: the amount of damages (penalties for standstill of transport), court costs to pay state fees, and other expenses.
Association of Freight Forwarders of Kazakhstan expressed gratitude to the staff of the Department of Logistics and Transport of NCE for active participation in the settlement of the dispute and the high level of professionalism in dealing with issues of principle. "Your support and support of your employees has allowed to achieve an equitable result. We wish you and your team good health and further success in your work and prosperity ", - said the letter addressed to the Chairman of the Board of NCE "Atameken" Ablay Myrzakhmetov.
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