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:
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.
The Registration Department of the Government of Tamilnadu registers documents which are compulsorily registerable and documents which are also not compulsorily registerable, on payment of proper stamp duty and registration fees. This is indeed a service coming within the ambit of Section 2(1)(o) of the Consumer Protection Act, under which ''service'' is defined as service of any description. Under Section 1(4) of the Act, the Act shall apply to all goods and services, save as otherwise expressly provided by the Central Government by notification. The Central Government has not so far issued any notification excluding any service rendered by the Government Department from the purview of the Act. It follows, therefore, the service done by the Registration Department is a service within the meaning of this Act and since it is done for consideration, namely stamp duty and registration fees, persons who present documents for registration are consumers within the meaning of Section 2(1)(d)(ii) of the Act. The District Forum has erred in holding that the case does not fall within the ambit of this Act.
3. IN the result the appeal is allowed and the matter is remitted to the District Forum for fresh disposal on merits after impleading, on the application ofthecomplainantstheJointSub-Registrar-2, Tenkasi, who has registered the documents. There will be no order as to costs. Appeal allowed. ________________
