S.P. GOEL versus COLLECTOR OF STAMPS

S.P. GOEL versus COLLECTOR OF STAMPS

Executant of a document presented for registration and payment of stamp duty does not become a 'consumer' nor do officers administering the Stamp Act and Registration Act render any 'service' within the meaning of Consumer Protection Act. The registration and stamp duty processes are statutory functions for...

Source-derived case information.

Parties
Appellant: S.P. Goel; Respondent: Collector of Stamps
Jurisdiction
India
Judgment Date
08 December 1995
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Definition of Consumer Under Consumer Protection Act, Jurisdiction of Consumer Forums, Immunity of Public Officers, Registration of Documents, Stamp Duty, Sovereign Functions
Consumer Protection Revenue Law Administrative Law Definition of Consumer Under Consumer Protection Act Jurisdiction of Consumer Forums Immunity of Public Officers Registration of Documents Stamp Duty +1 more

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Parties

S.P. Goel

Appellant

Collector of Stamps

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether the executant of a document for registration is a 'consumer' entitled to 'service' under the Consumer Protection Act, 1986
  2. 2 Whether the District Forum or State Commission has jurisdiction to entertain a claim against Collector of Stamps for deficiency of service
  3. 3 Whether officers administering Stamp Act and Registration Act render service within the meaning of Consumer Protection Act

Ratio Decidendi

Executant of a document presented for registration and payment of stamp duty does not become a 'consumer' nor do officers administering the Stamp Act and Registration Act render any 'service' within the meaning of Consumer Protection Act. The registration and stamp duty processes are statutory functions for augmenting state revenue and are acts of sovereign power. Consumer forums have no jurisdiction to entertain claims against such officers, who are protected from legal action barring mala fide or malicious conduct, which was neither pleaded nor established in this case.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no relief granted to appellant
  • No costs awarded; National Consumer Disputes Redressal Commission order affirmed