Page 165 - DCOM103_COMMERCIAL_LAW

Commercial Law

Notes

Note Mohan submitted certain documents before the Sub-Registrar for registration
claiming these as will. These documents were found to be a deed of conveyance and also
improperly stamped. The Sub-Registrar impounded the documents and forwarded these
to the Collector of Stamps. The Collector of Stamps asked Mohan to appear before him.
He neither appeared before the Collector of Stamps nor submitted any other documents.
Mohan instead filed a complaint before the Consumer Forum that he has been harassed for

3 years and that there has been defi ciency in service on the part of the Sub-Registrar and
the Collector of Stamps.
Mohan is not a consumer. The Sub-Registrar and Collector of Stamps only perform their
statutory duties to raise and collect the state revenue, which is a part of the sovereign
function of the State. The Registration Act and the Stamp Act are meant primarily to
augment the state revenue. A person who presents documents for registration and pays
the stamp duty on it or the registration fee does not become a consumer. Also the offi cers
under these two Acts are not rendering any service to Mohan. Therefore, Mohan is not a
consumer and has no remedy under the Consumer Protection Act.

16.3 Nature and Scope of Remedies available to Consumers

To provide simple, speedy and inexpensive redressal of consumer grievances, the Act envisages
three-tier quasi-judicial machinery at the District, State and National levels. At the District level
there are to be District Fora as the redressal fora. The State Government may, if it deems fi t,
establish more than one District Forum in a District. At the State level, there are to be similar
redressal commissions to be known as State Commissions and at the National level, there is a
National Consumer Disputes Redressal Commission to be known as National Commission.

16.3.1 Who can file a Complaint? (Sec.12)

Any of the following persons may file a complaint under the Act:
1. The consumer to whom such goods are sold or delivered or agreed to be sold or delivered
or such service provided or agreed to be provided.

In case of death of a consumer, his legal heir or representative can file a complaint.
2. Any recognised consumers association namely, any voluntary consumer association
registered under the Companies Act, 1956 or any other law for the time being in force. It is
not necessary that the consumer is a member of such an association.
3. One or more consumers, where there are numerous consumers having the same interest,

with the permission of the District Forum, on behalf of, or for the benefit of, all consumers
so interested.
4. The Central or the State Government.

The Amendment Act, 2002 has amended Sec.12. It provides as follows:
1. Every complaint shall be accompanied with such amount of fee as prescribed.
2. On receipt of a complaint, the District Forum may, by order, allow the complaint to be
proceeded with or rejected.

However, a complaint shall not be rejected unless an opportunity of being heard has been
given to the complainant.
3. Where a complaint is allowed to be proceeded with, the District Forum may proceed with
the complaint in the manner as provided under the Act.

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