Complete mutation in a month, consumer forum tells city survey

In a significant verdict that will provide respite to lakhs of citizens purchasing new homes, the Nagpur district consumer forum has directed the city survey officers to complete the mutation of properties within a month. A bench comprising chairman Vijaysingh Rane and member Milind Kedar found the city survey offices guilty of deficiency in services as per section 2 of the Consumer Protection Act. The forum directed the concerned officials to pay 1,000 as compensation for causing harassment to the complainants.

The forum's ruling came while hearing complaints filed by Bhagwat Ramde, Kishor Dahikar and Kamalabai Aphale, alleging that the city survey offices failed to complete the mutation of their properties despite a lapse of several months. Tushar Mandlekar and VA Bagaddeo were counsels for complainants while additional public prosecutor Jyoti Vajani represented city survey officers.

According to Mandlekar, it is necessary for city survey offices to record the mutation of properties within 30 days from the receipt of the application. Since the authorities charge a fee in the form of 5 court fee stamp, they fall under the definition of servicing a consumer, and they commit a deficiency in service by not providing mutation within the stipulated period.

The respondents had admitted the delay of several months in noting the mutation of the complainants, but justified it by saying that it was unintentional since officials were busy in other activities, like measurement of land, preparation of maps, election duties and other court cases. They also argued that since they are statutory authorities, and not earning any profits, they do not render any services hence there is no question of deficiency therein.

The forum allowed the complaint while observing that since the authorities have charged fees, they're bound to provide service. Since the time limit is fixed by the commissioner of land records as 30 days, the service ought to be completed in that period. As the authorities delayed the mutations beyond three months, they have undoubtedly committed a deficiency in services.

The forum also passed the general direction that city survey officers should decide the mutation applications in the stipulated period of 30 days.

On another contention by complainants that the city survey officers charge 15 per entry for grant of property card, popularly known as 'aakhiv patrika', which is against the provisions of the law, the forum asked the respondents to seek clarification from higher authorities.

Legal eagles said that a large number of citizens throughout the state would be benefited by this decision of the forum.

City survey offices admitted the delay, but justified it by saying that it was unintentional since officials were busy in other activities, like measurement of land, preparation of maps, election duties and other court cases.