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Question and Answer

Dear Sir, Am I a consumer under the Consumer Protection Act for the Land measurement services? I am officially paying fees to the office of the Dy. Superintendent of Land Records (Survey Dept.) at Karjat. There are deficiency in services by the Land Measurement Inspector while measuring my land. Can I file a case against the particular inspector for deficiency in services as a consumer? -- R.K., Kashele, Karjat

Reply:
Yes, certainly you can file Consumer Complaint against the particular inspector at the District Consumer Court at Alibag for deficiency in service by such or any other Govt Dept for which the fees is paid. Such a service by the concerned Govt Dept can legally be termed as administrative service and "service to a consumer".

The Land Dept. Inspector cannot say that he was performing “sovereign duty” (Govt duty) and he cannot be held personally liable for the deficient service. The fees paid to a govt dept for a particular service, becomes an "administrative duty" of the concerned office/officer and any lapses in administrative duties, the officer or the inspector himself can be held personally liable under the Consumer Protection Act. You can claim compensation from the particular erring officer.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

Sir, we purchased a land in Mamdapur, near to Neral in Raigad district one year back. By Registered Sales Deed Agreement we paid stamp duty and Registration fees as per value of Govt ready reckoner.

The Talathi of Neral is not changing the name on 7/12 extract. We submitted application form for change of name in 7/12 and even gave him full copy of Registered Agreement but he is not doing anything. The old seller’s name is still on 7/12 in Mahabhulekh. How many years the Talathi of Neral village will take to change name in 7/12. He is not even replying when we called him on his mobile. To whom we can complain? -- Utkarsh Yadav, Vashi, Navi Mumbai

Reply:
As many buyers in Maharashtra have complained to the Revenue Dept that Talathis are unnecessary delaying mutation change even if the Agreements are Registered under Indian Registration Act 1908, the Govt of Maharashtra curtailed (took away) powers of Talathi of issuing Vardi notices or asking people to come in person in front of His Highness the Talathi (who is the lowest rank officer in Revenue Dept.)

As per latest amendment on 30 June 2014 to Section 150 of Maharashtra Land Revenue Code 1966, it has been now made automatic mutation via electronic mode. If you have purchased the land under Registered Agreement and you have paid proper stamp duty and Registration charges then, as per latest amended law, there is no need for you even to visit the Talathi office or supply him any copy of Regd Agreement or Index-II or Goshiwara etc. The Sub-Registrar who has registered your agreement sends by Electronic Mail every month a report to the Tahsildar and the Talathi in whose area the plot is situated and for which the Sales Agreement is registered. Then the Tahsildar from his side also instructs the Talathi every month for the change of Mutation of the plots/lands for which there are Registered Agreements. Talathi, as per law is supposed to enter names of new buyers in mutation record and keep it for his area Circle Inspector or Awwal Karkoon to verify the Talathi’s entry. Once Circle verifies it then immediately the name of new buyer should be visible on Mahabhulekh portal.

The need of Vardi Notices or asking the Seller’s to come in person in front Talathi (who is lowest ranking officer of Revenue Dept.,) and making gardi at Talathi offices has been now abolished by the Govt of Maharashtra from 30 June 2014. You can file and complaint and also a RTI to Tahsildar’s office to check why the Talathi is harassing you despite the Agreement is a Registered Sales Deed.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

Why Us?

  • Advocate Deshmukh has an experience of more than 30 years in the real estate field with Associates having a combined experience of more than 80 years.
  • Advocate Deshmukh is the current President of Indian Lawyers Association in Kuwait and along with his associates, he has helped many poor Indian expats through the Indian embassy.
  • While Deshmukh & Associates mainly deal with multi-million dollar cases of an international real estate mammoth, we also take a limited number of small cases because of our belief in "Justice for all".
  • We regularly handle tribunal cases in Dubai.
  • We have won multi-million dollar cases against "United Kingdom's largest engineering consultancy firm".
  • Business litigation and international arbitration is another one of our strong points
  • We are well-versed with real estate laws and regulations of RERA Dubai. We also advise Indians and NRIs on legal matters associated with their Real estate investments in Dubai such as Compensation related to delay in possession, Payment refund related to non-deliverance or post agreement modifications.
  • We specialize in formulating Agreement to sale, Sale Deeds, Transfer of an interest in land or property by way of gift, exchange, release, conveyance, assignment and mortgage.
  • We have extensive experience when it comes to Muslim Personal Laws and laws related to Muslim inheritance of property by Indian residents as well as NRIs and POIs.
  • Reasonable fees

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Legal documents

Real estate:

Maharashtra RERA Rules

The Maharashtra Real Estate Regulatory Authority rules regarding recovery of Interest, penalty, compensation....

The Real Estate (Regulation and Development) Act

An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector.

Maharashtra Housing Act 2012

An Act to regulate and promote the construction, sale, management and transfer of flats on ownership basis.

Maharashtra Ownership Flat Act (MOFA) 1963

An Act to regulate and promote the construction, sale, management and transfer of flats on ownership basis.

Maharashtra Ownership Flats - Amendment Act 2005

An amendment to Maharashtra Ownership Flat Act (MOFA) 1963

Maharashtra Ownership Flats Rules - Amended rules 2009

Amendment to Maharashtra Ownership Flats Regulation of the Promotion of Construction, Sale, Management and Transfer Rules 1964

Cooperative Society:

Maharashtra Co-op Societies Act 1960

An Act to consolidate and amend the law relating to co-operative societies in the State of Maharashtra.

Maharashtra Co-op Societies Rules 1961

Rules on Registration of society, Refusal of Registration, First bye-laws of a society, ....

Maharashtra Co-op Societies - Manual

in marathi.

Cooperative Housing Society Model Bye-laws 2013.

Along with Enclosures, Annexures and Appendixs

Gazette of India The Constitutional - 97th Amendment Act 2011

Cooperative Society related amendments

Maharashrashra Ordinance on Co-operative Societies - Amendment Ordinance 2013

An amendment to Maharashtra Co-operative Societies Act 1960

Maharashrashra Ordinance on Co-operative Societies - Amendment Ordinance 2013

in Marathi.

Land:

Maharashtra Land Revenue Code - Amendment Act 2014

An Amendment to Maharashtra Land Revenue Code 1966.

Govt circular for immediate E-Mutation by Talathi on Registered Sales Agreements

in Marathi. With important parts highlighted.

Consumer Protection and Others:

Consumer Protection Act 1986 and Rules 1987 with Amendment Acts 1991, 1993 and 2002

Protection of consumer interests and settlement of consumer disputes

Information Technology (IT) act 2008

This act establishes rules and punishments related to the use of Information Technology

Indian Penal Code - Amendment Act 2013

An amendment to the the main criminal code of India (with important sections highlighted)

Maharashtra Municipal Corporations, Councils and MRTP - Amendment Act 2012

Amends the 2010 act created for Corporations, Councils, Region and Town Planning.