GOEL S PAL Vs. SUB-REGISTRAR

JUDGEMENT

(1.) The present appeal, filed by the appellant, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), is directed against order dated 19th November, 2001, passed by District Forum No. II, Delhi, in Complaint Case No.2836/2000 - entitled Shri Goel S. Pal V/s. Sub-Registrar, New Delhi.

(2.) The facts, relevant for the disposal of the present appeal, briefly stated, are that the appellant, Sh. Goel S. Pal, had filed a complaint before the District Forum under Sec.12 of the Act, averring that the appellant, along with his wife, had purchased two Industrial Sheds, bearing Nos. B-111 and B-112, situated in Okhla Industrial Area, Phase I, New Delhi, each measuring 71.06 sq. ft. , in open auctions, held by the Delhi Development Authority, on 28th December, 1979 and 5th March, 1980. It was stated that after purchasing the above said two Industrial Sheds, the appellant took physical possession of the same, thereafter installed plant and machineries, fittings, fixtures, got electricity connection from Delhi Vidyut Board, a Factory Licence from the concerned Competent Authority and thereafter started production. It was stated that thereafter, the appellant requested the Delhi Development Authority to execute a lease deed in respect of the above said two Industrial Sheds and in response the Delhi Development Authority asked the appellant to have the lease deed and conveyance deed stamped from the Office of the Collector of Stamps, Tis Hazari, Delhi, after depositing the requisite stamp duty. It was further stated that the appellant, on receipt of the above intimation from the end of the Delhi Development Authority, immediately deposited stamp duty, amounting to Rs.11,464/- in November, 1991. It was stated that after having the documents duly stamped, the appellant deposited the same in the Office of the Delhi Development Authority. But the functionaries of the Delhi Development Authority again, under threat, asked the appellant to get another set of documents stamped from the Office of the Collector of Stamps after depositing a further amount on account of stamp duty. It was stated that under threat, the appellant acted accordingly and again deposited the requisite amount on account of stamp duty in the Office of the Collector of Stamps.

(3.) As per the case of the appellant, as put forth by him in his complaint, the Delhi Development Authority thereafter returned the first set of documents, bearing stamp duty worth Rs.11,464/-. It was stated that on receipt of the above said set of documents from the end of the Delhi Development Authority, the appellant approached the Office of Collector of Stamps for the refund of the stamp duty paid by the appellant on the first set of documents. The grievance of the appellant in the complaint filed by him before the District Forum, in nut-shell was that the respondents neither gave an reply nor refunded the stamp duty collected by them from the appellant. When the relief, as prayed for by the appellant for the refund of the stamp duty, was not given to the appellant by the respondents, the appellant, finding no way out, filed a complaint before the District Forum under Sec.12 of the Act on 29th July, 2000.