- (1.) THESE appeals arise out of the order passed in C.O.P. No. 58/2000 on the file of the District Consumer Disputes Redressal Forum, Nagapattinam. The case of the complainant was as follows: (a) For starting an I.T.I. School, he obtained possessor right over immovable property for a consideration of Rs. 4,25,000 on 16.9.1998 from one Shanmugham and Soundararajan of Karaikal. The property belonged to the 3rd opposite party/appellant in A.P. No. 435/2004. A sum of Rs. 51,000 as registration charges was paid to opposite party No. 2 one of the appellants in A.P. No. 104/2004. He refused to register the document as objections were raised by the 3rd opposite party with regard to the registration of the document and that a civil suit was pending in O.S. No. 242/98 between opposite party No. 3 and the complainant and the complainant had a right to have the document registered and the refusal by opposite party No. 2 amounted to deficiency in service.
(2.) OPPOSITE Parties 1 and 2 respectively the District Registrar, Nagapattinam, and the Sub -Registrar, Vedaranyam, took the stand that there was no consumer dispute; the Consumer Forum had no jurisdiction; further, since the 2nd opposite party came to know that the property in respect of which the complainant had sought registration belonged to the 3rd opposite party, the 1st opposite party communicated with his superior and on instructions from the superior to the effect that as per the G.O., issued by the Government, it would not be possible to register temple lands; the complaint was liable to be dismissed.
(3.) THE 3rd opposite party resisted the complaint inter alia contending as follows: The property in question absolutely belonged to opposite party No. 3 that there was a civil suit pending between the parties that the complainant had no right to purchase any right much less possessory right in the property in question and that in any event the provisions of the Consumer Protection Act had no application. The properties were Inam lands belonging to opposite party No. 3, religious institution, absolutely and the complaint was liable to be dismissed. Before the District Forum, on the side of the complainant Exs. A1 to A8 were marked while on the side of the opposite parties Exs. B1 to B6 were marked and Ex. C1 was marked as Court document.;