Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Consumer Protection Act 1986-Sections 2(1) (d), 2(1) (o), 2(1) (g)-Stamp Act 1899-Sections 35, 33(1), 2(14), 2(10), 3, 40, Entry 23 of Schedule 1-Registration Act 1908-Document presented for registration-Sub-Registrar, holding that it was not a will but a deed of conveyance, impounding it as not being duly stamped, and sending it to the Collector of Stamps-Collector deciding after hearing that document was conveyance deed-Whether appellant consumer within the meaning of Consumer Protection Act 1986-Whether District Forum or State Commission has jurisdiction to entertain claim-Held, executant of instrument is not 'consumer' entitled to 'service ' within the Consumer Protection Act-Concept of Consumer Protection Act is different from scope, object and purpose of Registration Act and Stamp Act-Latter Acts deal with state revenue-Further, there is no element of commercialism involved in process of registration of instruments and payment of stamp duty-Officers implementing these two Acts only perform statutory duties, some of which are judicial or quasi-judicial, to raise and collect state revenue which is within sovereign power of state-Sovereign function. Stamp Act 1899-Section 2(9)-Registration Act 1908-Section 86-Judicial Officers (Protection) Act 1850-Section 1-Claim against Collector for negligence and delay in performance of duties, whether can be entertained-Held, immunity from legal action contemplated under Judicial Officers (Protection) Act 1850 available to Collector-Held further, Registering Officer also protected for things done bona fide-No plea or finding that refusal of Registering Officer or inaction of Collector malicious, motivated or malafide-Judges (Protection) Act 1985. The appellant sought registration of a 'Will'. The Sub-Registrar before whom it was presented for registration impounded it as he was of the opinion that it was not a Will but a deed of conveyance which was not duly stamped. The Collector of Stamps to whom he sent the document for action under Section 40 of the Stamp Act 1899 issued several notices to the appellant, and when the appellant appeared before him, the Collector required that, since the document was not a will but a deed of conveyance, the appellant should furnish valuation report, receipts etc. so that the document may be properly stamped and registered. While the matter was pending before the Collector, the appellant approached the District Forum under the Consumer Protection Act 1986 for reliefs including registration of the 'will' and compensation for harassment. The District Forum allowed the claim and awarded compensation and costs of litigation holding that the appellant having paid the registration charges shall be treated to have hired the services of the Sub-Registrar and the Collector of Stamps. On appeal, the State Commission upheld the decision of the District Forum and also enhanced the amount of compensation. The National Commission, in revision, held that the District Forum as also the State Commission had no jurisdiction to entertain and adjudicate upon the claim of the applicant particularly as he was not a 'consumer' within the meaning of the Consumer Protection Act. Dismissing the appeal |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1995 INSC 863 |
Petitioner | S.p. Goel |
Respondent | Collector Of Stamps |
SCR | [1995] Supp. (6) S.C.R. 340 |
Judgement Date | 1995-12-08 |
Case Number | 11603 |
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