LIONS CLUB TRUST Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the order of the District Consumer Disputes Redressal Forum, Tirunelveli dated 1.7.1992 returning the complaint filed by the complaint as not maintainable.

(2.) The case of the complainant is briefly as follows:

(3.) The second complainant has executed a Deed of Gift in favour of the first complainant, certain land valued at Rs.4,000/-. The deed is in the non-judicial stamp papers of the value of Rs.480/- and a sum of Rs.46/- has been paid as registration fees. The Joint Registrar No.2, Tenkasi before whom the documents were presented for registration has demanded and collected an additional stamp duty of Rs.5,785/- and additional registration charges of Rs.485/-. According to the complainant this is excessive and illegal, especially in view of the G. O. issued by the complainant in G. O. Ms.639, Revenue Dated 20.3.1948 and G. O. Ms.2993 Revenue Dated 15.12.1948 reducing the stamp duty to half leviable on any gift for charitable or religious purposes. The complainant, therefore, claimed refund. The District Forum held that the registration done by the Registration Department cannot be considered as service as defined in the Consumer Protection Act and the relief cannot be granted by this Forum and consequently rejected the complaint. It is this order of return that is challenged in the appeal.