COLLECTOR OF STAMPS Vs. GOEL S PAL

JUDGEMENT

(1.) THIS Revision Petition raises the question whether any hiring of the services for consideration within the ambit and scope of the Consumer Protection Act, 1986 is involved when the Collector Stamps exercises functions under the Indian Stamps Act, 1899.

(2.) A document styled as Will' dated 4.7.1987 executed by Shri P.N. Mishra in favour Shri S.P. Goel and Smt. Shanti Rani Goel (the Complainants before the District Forum) in respect of built up property at C-33, Okhla Industrial Area, Phase-I, New Delhi-20 was resented on 24.8.1987 before the Sub-Registrar-III, New Delhi for registration. The Sub-Registrar on perusal of the "Will" expressed the opinion that it is not a "Will" as the said property is being transferred under the document against the sale consideration of Rs. 2,25,000/- but it is a conveyance not duly stamped. The document was impounded under Section 33 of Indian Stamp Act, 1899 and forwarded to the Collector of Stamps on 14.8.1987 for taking action under Section 40 of the Stamp Act, 1899 with the remarks that "this was not a Will but a conveyance deed and chargeable by 8% duties (stamp duty 3% and transfer duty 5%).

(3.) IN the meanwhile, the Complainants filed a complaint on 6.9.1991 before the District Forum, Delhi for various reliefs. The Complainants admit in their complaint filed before the District Forum that "in their earlier letters/correspondence, the Collector of Stamps has been asking again and again since 1987 till 30.4.1991 for submission of the valuation report and when the valuation report was submitted on 15.4.1991, he had now started asking documents like G.P.A., agreement to sell and no objection letter from D.D.A." The documents were not filed and the case was not finalised by the Collector of Stamps. The relief prayed in the complaint filed on or about 6.9.1991 is for a direction for the registration of the Will and also for the supply of a certified copy besides compensation for harassment of the Complainant and his wife since 1987.