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
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www.law-india.com