Delhi

New Delhi

CC/843/2013

Sanjeev Chugh & Anr - Complainant(s)

Versus

M/S. Bank of Baroda & Anr. - Opp.Party(s)

07 Jan 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001

 

Case No.C.C./843/2013                                                                  Dated:

               In the matter of:

1.               Sh. Sanjeev Chugh

S/o Sh. R. L. Chugh

2.               Smt. Niti Chugh

W/o Sh. Sanjeev Chugh

R./o DB -72 A, Hari Nagar,

New Delhi-110064

 

Presently Residing at

C-2, Block-5, Jayanti Garden

                        9^th Main Shakambari Nagar,

Bengaluru Pin- 560078

                                                                                                                                                                                                                                                                                                                                                                                    …..COMPLAINANTS

 

VERSUS

1.                   The Manager

Bank of Baroda

Main Branch, 16, Sansad Marg

New Delhi – 110001

 

2.                  M/s Stock Holding Corporation (India Limited)

Through its Authorized Signatory

 Registered Office : 301, Centre Point

 Dr. Baba Saheb  Ambedkar Road

Parel , Mumbai- 400012

                                                                   .... OPPOSITE PARTIES

 

                H.M. VYAS – MEMBER

 

                                                      ORDER

 

The crux of the complainant is that the complainant, to purchase a flat and for execution of sale deed made an application to OP-1 on prescribed format for issue of e-Stamp of Rs. 3,15,000/-. The application was made through Sh. Subhash Chander, father in law of the complainant. The OP-1 issued  the e-Stamp papers and mentioned against the column of “description of the document“ as “ Article 23 (A)”  sale agreement  and against the column of   the consideration price” as  “zero” (“0”).  The complainant executed the sale deed thereon. When the document was presented to the Sub Registrar for registration of sale deed, the same was impounded  and thereafter a penalty of Rs.  1,57,500/-  was imposed to release and  register the same as the sale deed. Alleging deficiency in service as against both the OPs, following prayer has been made:-

1.  Pass an award in favour of the complainants and against the opposite parties jointly or severely  directing the opposite parties to pay a sum of Rs. 1,57,500/-  which was deposited  by the complainants as penalty for gross negligence on the part of the opposite parties and their agents/officials.
2.   Pass an award of compensation in favour of the complainants  and against the opposite parties to pay a sum of Rs. 3,00,000/- to the complainants on account of harassment and humiliation caused by the negligence and deficiency of the opposite parties  to the complainant.
3.  Award interest @18% p.a. on the above said amount of Rs.      1,57,000/-  w.e.f.  01/08/2013 till its realization.
4.    Award cost of the proceedings in favour of the complainants and  against the opposite party.
5.   Pass any other or further order (s), which this Hon’ble Court deems just and proper in favour of the complainants and against the opposite party, in view of the above detailed submissions made above, to meet the ends of justice.

The OPs and filed their written statement/version after notice.  

The OP-1 stated that the complainant was not a consumer and he had neither sold any goods to the complainant nor had rendered any service against any consideration to the complainant. The complainant had not placed any document in support of averment that any penalty was imposed by the SDM, Dwarka and he was forced to pay penalty of Rs. 1,57,500/-  for any error in the stamp paper which was purchased by the complainant for execution of sale deed. The complainant himself committed the mistake in filling up the e-stamp application form and filled wrong description of the instrument which was not there in the approved list of articles and therefore, the article listed at serial no. “23 A” dealing with “sale agreement” was recorded in the e-stamp certificate.

The OP-2 in its version stated that the NCT of Delhi collects its revenue by imposing stamp duties upon the instrument as mentioned in the Indian Stamp Act, 1899 and the collection of revenue cannot be said to be a function other than a sovereign function. The OP-2 was appointed as Central Record keeping Agency for computerization of stamp duty administration system (C-SDAS) and further approval of the Government of India through an agreement, Authroised Collection Centers (ACCs) were appointed. The complainant himself alleged that OP-1 had wrongly issued an e-stamp  certificate and apparently committed error while recording  the description of document and as such had suffered  further penalty of Rs. 1,57,500/- towards compliance of the impounding orders/ challan raised by office of the collector of Stamps, Dwarka.

The OP-2 alongwith its written statement has annexed list of compulsorily registerable documents wherein Article 23 mentioned at three places indicates description of instrument as Sale, Decree (Sale Deed/ Conveyance) , Sale agreement.

Both the parties filed their respective evidence by way of affidavit and also addressed oral arguments.

We have considered the material placed before us and the submissions of the parties with relevant provisions of law. A bare perusal of the application for issuing of stamp paper filed by the complainant clearly demonstrates that the complainant had applied for e-stamps worth Rs. 3,15,000/- and the document  description is mentioned as sale deed. The consideration of the property has been mentioned as Rs. 63,00,000/- Lakhs. The copy of the e-stamp application form is annexed at page 15 of the complaint.

The stamp paper issued  by the OP-1  mentions the description of document as “sale agreement” and  “the consideration price” is mentioned as “ “0” (Zero). The documents on record also showed that the said document was impounded and an challan for Rs. 1,57,500/- shows the payment of the said amount.

In view of above unambiguous position, it is clear that the OP-1 did not mention the correct description of document and the consideration amount while issuing the e-stamp worth Rs. 3,15,000/- to the complainant for execution of the sale deed. The document was impounded  and for compliance and release of the same for registration, the penalty of Rs. 1,57,500/-imposed was correct.

In crux, on account of deficiency on the part of OP-1  bank, the complainant had faced the consequential impact  and ultimately paid the penalty of Rs. 1,57,500/-. The negligence on the part of the complainants too cannot be overlooked as proper particulars on the stamp papers issued were not checked then and there at the time of purchase.

However in such peculiar facts and circumstances of the case we hold the OP-1 to be deficient in service and keeping in view the part negligence on the part the ignorance to check the particulars on e-stamps on the part of complainant., we are of the considered view that the ends  of justice shall meet by directing as under :-

1. OP -1  to pay a sum of Rs. 1,00,000/- to the complainant alongwith 9% simple interest from the date of filing i.e. 19/09/2013 till realization.
2. Litigation cost of Rs. 10,000/- including mental agony and harassment.

The Orders shall be complied within 30 days from the date of receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on 07/01/2020.

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

 

          (ARUN KUMAR ARYA)

                                             PRESIDENT

 

             (NIPUR CHANDNA)                                                                      (H M VYAS)

                             MEMBER                                                                                      MEMBER