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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
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.
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
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.
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