BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 299 of 2021
Date of Institution: 25.10.2021
Date of Order : 08.11.2021
- Des Raj Kamboj, aged about 61 years son of Shri Mehnga Ram,
- Sudesh Rani wife of Shri Des Raj Kamboj son of Shri Mehnga Ram, both residents of village Khairekan, Tehsil and District Sirsa.
……Complainants.
Versus
- State of Haryana, through its Secretary, Revenue Department, Chandigarh, through Deputy Commissioner, Sirsa.
- Deputy Commissioner, Sirsa.
- Sub Registrar, Sirsa. ...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. JASWANT SINGH…………………………PRESIDENT
MRS. SUKHDEEP KAUR…………………MEMBER
Present: Sh. S. L. Sachdeva, Advocate for complainant.
ORDER
Heard on the maintainability of present complaint.
2. It is averred by complainants that they have purchased land measuring 16 kanals 08 marlas from one Shri Nihal Singh son of Shri Krishan Lal, resident of village Khairekan, Tehsil and District Sirsa for total sale consideration of Rs.19,80,000/- and sale deed of this land was to be executed and registered in favour of complainants on 8.1.2021. Accordingly, the complainants purchased stamp paper bearing Sr. No. UOG2021A285 and GRN No. 71052425 for Rs.1,62,400/- and challan bearing GRN No.0071052265 for Rs.25,003/- from the Treasury Office, Sirsa and got the sale deed drafted thereon, but when the complainants produced the sale deed for its registration before the office of Sub Registrar, Sirsa, the officials of the E-disha Kendra Sirsa where the sale deed was to be registered declined the same and reported that the above stamp papers are already used one. It is further averred that due to this reason, sale deed in question could not be registered in favour of the complainants and the officials of E-Disha Centre directed the complainant to purchase stamp paper for registration of sale deed afresh. That thereafter, the complainants reported the matter to the Tehsildar, Sirsa who wrote a letter to the Under Secretary Revenue Department, Haryana vide Memo No.491 dated 8.1.2021 stating therein that a sale deed No.7657 e-stamp certificate No. UOG2021A285 and GRN No. 71052425 for Rs.1,62,400/- and challan bearing GRN No.0071052265 for Rs.25,003/- were entered in the software but could not be regularized due to some technical fault in the software and Tehsildar also requested the Revenue Department for the refund of stamp certificate amount of Rs.1,62,400/- and challan amount of Rs.25,003/- to the complainants. Thereafter, Revenue Department has refunded above said amount of Rs.1,62,400/- being stamp charges to the complainant, but registration fees deposited in the shape of challan of Rs.25,003/- has not been refunded to the complainants till today.
3. It is further averred that thereafter, the complainants made complaint to the Worthy Deputy Commissioner, Sirsa as well as Hon’ble Chief Minister, Haryana through CM Window, but no action has been taken till today. That complainants have paid huge amount of Rs.19,80,000/- on account of cost of land to Shri Nihal Singh and for getting the sale deed executed and registered in their favour, the complainants have to purchase a fresh stamp paper for Rs.2,43,600/- and have to deposit registration fees again for its registration. In this way, the complainants have paid an excess amount of Rs.81,200/- for the purchase of stamp paper due to enhancement of stamp duty of 2% and have paid Rs.25,003/- again on account of registration fees in the shape of challan for the registration of sale deed and get the sale deed registered in their favour, which was registered at Sr. No.10038 dated 24.3.2021. If the complainants would not have get the sale deed executed in their favour, then consideration amount might have been forfeited by the seller. It is further averred that due to technical defect in the software of the e-disha centre, Sirsa, the sale deed in question could not be registered on 8.1.2021 and same has been registered on 24.3.l201 before the office of Sub Registrar, Sirsa with enhancement in stamp duty. The complainants have borne monetary loss of Rs.1,06,203/- without any reason and fault. That complainants have been approached the office of Deputy Commissioner, Sirsa and Revenue Authorities, Haryana for the refund of Rs.1,06,203/- paid by them, but all in vain and ops have caused mental tension to the complainant and there is gross negligence and deficiency in service on the part of ops. Hence, this complaint.
4. From the above said contents of complaint, it is evident that complainants are having grievances against the revenue authorities regarding payment of excess amount on account of registration fee and stamp duty due to non uploading of sale deed in the system/ software of the ops and the complainant have to purchase stamp papers for second time for getting sale deed of the land executed and registered in their favour.
5. The complainant has placed on file a copy of letter bearing No.491 dated 8.1.2021 written by Tehsildar Sirsa to the Under Secretary, Revenue Department, Haryana whereby request for reverting of status of stamp certificate of Rs.1,62,400/- and challan of Rs.25003/- was made to the Under Secretary, Revenue Department, Haryana and copies of the said letter were also forwarded to the Deputy Commissioner, Sirsa and Sub Divisional officer (Civil), Sirsa etc. for necessary action. But in the present complaint, the complainant has arrayed State of Haryana through its Secretary, Revenue Department, Chandigarh through Deputy Commissioner, Sirsa as op no.1 and Deputy Commission, Sirsa as op no.2 and Sub Registrar, Sirsa as op no.3. When the letter dated 8.1.2021 has been written to Under Secretary, Revenue Department, Haryana by Tehsildar, Sirsa, therefore, complainant has wrongly impleaded State of Haryana through its Secretary, Revenue Department, Chandigarh through Deputy Commissioner, Sirsa as op no.1 as in the reply to the application on CM Window, it is stated on behalf of Deputy Commissioner, Sirsa that the matter is related to software issue and registration fees could not be refunded by this office, detail information in letter no.491 dated 8.1.2021 has been sent to Under Secretary Revenue Department, Haryana. So, Revenue Department, Haryana Government should have been a direct party instead of impleading State of Haryana through Secretary Revenue Department, Chandigarh which too has been impleaded through Deputy Commissioner, Sirsa by the complainant and as such ops have not been arrayed properly by the complainant.
6. Moreover, a person presenting the document for Registration or a person paying stamp duty under Stamp Act cannot be termed as Consumer and the officials acting under Registration Act and Stamp Act are performing statutory duties and it cannot be termed as Service within meaning of Consumer Protection Act. The registration of document is a statutory function carried out by the Government and collection of registration fees and stamp duty is not consideration for rendering the service and there is no hiring of service. Therefore, complainant is not a consumer within the ambit and scope of the Consumer Protection Act, 2019. Reliance in this regard can be placed on the observations of Hon’ble Supreme Court of India in case titled as S.P. Goel Vs. Collector of Stamps, Delhi, AIR 1996 SC 839. No contrary law has been cited by learned counsel for complainant to show that complainant is a consumer of the revenue authorities under the provision of Consumer Protection Act.
7. In view of our above discussion, the present complaint is not maintainable before this Commission and as such same is hereby dismissed. However, complainant is at liberty to move appropriate court of law regarding his above said grievances. A copy of this order be supplied to the complainant as per rules. File be consigned to the record room.
Announced in open Commission. Member President,
Dated: 08.11.2021. District Consumer Disputes
Redressal Commission, Sirsa.
Typed by: Jagdish Kumar (Stenographer)
