Order No.   2    dt.  14/06/2017

The complainant filed the case against Kolkata Municipal Corporation with the allegation that the corporation mutated the holding in the name of fake person and the complainant though owner of the property was not informed regarding the mutation of the property.

The complainant also alleged that fraud practiced by Kolkata Municipal corporation by inserting the name of different persons and the documents retained by Kolkata Municipal Corporation was not genuine one.

From the four corners of the petition it appears that the allegation against the Kolkata Municipal Corporation regarding the assessment of the property for which a proper Forum is there i/e The Assessment Tribunal (K.M.C), the complainant also alleged that fraud was practiced in the name of fictitious person the mutation was made. In order to get the proper relief , the complainant could have filed a Civil Suit before City Civil Court –IX th Bench, Calcutta, seeking her relief. The complainant submitted that there may be delay for adopting such proceeding as mentioned above.

In order to get expeditious relief, the complainant could have filed a Writ Application of under Article 226 of Constitution of India, before the Hon’ble High Court for non-compliance of the redressal of grievances alleged by Kolkata Municipal Corporation.

The complainant has another remedy by filing an application ,  under Article 227 of constitution of India ,seeking direction upon the Assessment Tribunal for expeditious disposal of the grievance of the complainant.

Considering all these aspects, i.e. from the materials on record we do not find any material which attracts the provision as laid down in the C.P Act.

Accordingly, the case is dismissed on limine.