The Hans India: Mumbai: Saturday, August 19, 2017.
With
installation of BJP Govt. in Maharashtra under the Chief Minister, Shri
Devendra Fadnavis, the people of Maharashtra, particularly the business
community had expected that age-old red-tapism, corrupt and inefficient
administration would be hauled up to deliver the services to the common man.
The honourable Chief Minister had even gone one step ahead in weeding out
red-tapism by implementing Right to Services (RTS) Act.
Despite all
these claims of clean and efficient service to the people of Maharashtra
through RTS Act and other related reforms, the bureaucracy seems to be hardly
bothered, even under RTI Act. Despite appeal under RTI Act, the concerned
Appellate Authority does not bother to respond within the stipulated time frame
as per the provisions of RTI Act, surprisingly without assigning any reason for
such complacency. A classic case of inefficient bureaucracy is the long pending
request of Mumbai- based company, Man Tubinox Ltd. (MTL) for refund of excess
Stamp Duty paid by MTL to Govt. of Maharashtra since 2015.
For the
purpose of creating equitable mortgage to secure term loans sanctioned by
Public Sector Banks, MTL had purchased E-Stamps amounting to ₹30 Lakhs on
07/11/2015 vide e-SBTR No. 14043953650860 through Punjab National Bank, Vile
Parle East Branch.
However, MTL
had to create a registered mortgage on the same property instead of equitable
mortgage. The said Indenture of Mortgage is duly registered with the
Sub-Registrar of Assurances, Andheri-4, Mumbai, under Serial No. BDR15-557-2016
dated 21/01/2016. As a result of this registered mortgage, the abovementioned
equitable mortgage was not required and the Stamp Duty paid thereon became
erroneous as MTL had paid Stamp Duty on the same property while creating
registered mortgage.
On 31st
December 2015, MTL had lodged its claim u/s 47 of Bombay Stamp Act 1958 vide
Refund Application No.2016/1007521 for refund of the said Stamp Duty of ₹30
Lakhs with the Additional Controller of Stamps, General Stamp Office, Mumbai HO
by duly furnishing an Affidavit and other relevant documents in support of its
claim. MTL had also submitted a Certificate dated 14/10/2016 from AXIS TRUSTEE
SERVICES LTD. confirming that erroneously Stamp Duty should be refunded as the
stamp paper was not used for the purpose its was purchased.
Subsequently
in March 2016, MTL was informed by the Deptt. that its request will be
processed by the Office of The Inspector General of Registration (IGR), Pune
(Headquarters). Since then, MTL has been following up relentlessly with the
concerned officials of IGR. MTL had furnished all the relevant documents as
demanded by the IGR officials to enable them process the refund.
MTL came to
know that its file was lying with the Jt. IGR, Ms. Naina Bondarde for more than
6 months. After several visits to her office at Pune, Ms.Bondarde in November
2016 had assured that MTL’s refund request will be approved within a fortnight.
Having not
received the refund order from Jt. IGR despite regular follow up, MTL had met
the IGR, Dr.RamaswamiN. on the 3rd February 2017, when he had assured MTL that
immediately after municipal elections, i.e. 21st February 2017, he will
personally look into the matter and resolve MTL’s refund issue if the Jt. IGR
Ms. Naina Bondarde does not do the
needful.
Whenever, MTL
visited the office of Jt. IGR and the IGR, it was informed by the junior
officials that all the queries raised by the Jt. IGR and IGR had been
satisfactorily replied/submitted on file and MTL’s refund should happen any
time soon. Unfortunately, MTL has not received the said refund till date for
reasons best known to the IGR and Jt. IGR.
Finally, MTL
approached the Honble Chief Minister, vide its letter dated the 3rd April 2017
seeking his intervention to expedite refund of the said Stamp Duty ₹30 Lakhs.
Yet no response.
Subsequently,
MTL filed an application under RTI Act with the office of IGR, Pune in May,
2017, seeking status of refund of the said Stamp Duty of ₹30 Lakhs. In reply,
MTL was informed that its RTI application has been forwarded to the concerned
officials of IGR, Pune and if they do not receive any reply within 30 days,
they should file an appeal before the Appellate Authority. Having not received
any response from IGR, Pune, MTL filed an appeal before the 1st Appellate
Authority in June 2017. No response as yet.
The sorry
state of affairs in the Office of IGR, Pune tells the truth about efficiency of
the Fadnavis Administration. Even, CM himself has not bothered to reply or even
acknowledge the various reminder letters written by MTL.
On one hand,
Mr.Fadnavis is seriously implementing various reforms to improve the ranking of
Maharashtra among other states of India in “Ease of Doing Business”.
Maharashtra is ranked 10th with a score of 92.86% in top 10 states in the
ranking for 2016. However, few of the crucial departments under Govt. of
Maharashtra need immediate attention to make them sensitive to problems being
faced by businesses. One such department is the Registration and Stamps under
Revenue Department.
If the Govt.
and its officials do not do what they claim to bring in transparency and
efficiency, what would be fate of the State. Now, corruption has started
raising its ugly head in the BJP Govt. in the form of quid pro quo against
Housing Minister, Mr. Prakash Mehta and the Vice Chairman & MD of MSRDC,
Mr.RadheshyamMopalwar concerning the dream project of Mr.Fadnavis, i.e.,
Mumbai-Nagpur Samruddhi Expressway.
Wake up Mr.
Chief Minister before more skeletons come out of cupboard and act against
corrupt and inefficient officials to assure the people of Maharashtra that the
State is in clean and safe hands.
.JPG)
.JPG)
