S P GOEL Vs. COLLECTOR OF STAMPS DELHI

JUDGEMENT

(1.) Special leave granted.

(2.) Built up property No. C-33 Okhla Industrial Area, Phase-1, New Delhi 110020 constitutes the basis of dispute between the parties in the present appeal which is directed against the judgment and order dated May 18,1995, passed by the National Consumers Redressal Commission, New Delhi, whereby the complaint of the pleasant under the Consumer Protection Act, 1986 was dismissed on the ground that the District Consumer forum as also the State Commission had no jurisdiction to adjudicate upon the claim petition filed by the appellant to the effect that there was "deficiency of service" on the part of the respondent in not registering the document or issuing copy thereof inspite of full registration charges having been paid.

(3.) The document of which the registration was sought by the appellant is a "Will" dated 24th July, 1987 executed in his favour as also in favour of his wife, Smt. Shanti Rani Goel, by one Shri P. N. Mishra which was presented for registration on 24th August, 1987 before the Sub-Registrar-III New Delhi who instead of registering the document, impounded it as he was of the opinion that it was not a "Will" but a Deed of conveyance which was not duly stamped. He therefore sent the document in original to the Collector of Stamps for action under Section 40 of the Stamps Act with the suggestion that the instrument was chargeable with 3% of he amount of consideration as Stamp Duty and 5% as Transfer Duty. The Collector of Stamp, New Delhi issued several notices to the appellant and ultimately in response to one such notice, the appellant appeared before the Collector and was apprised of the fact that the document presented by him for registration was not a "Will" but a conveyance deed and therefore, he was required to furnish the Valuation Report, Receipts. General Power of Attorney etc. so that the document may be required to be properly stamped and registered.