MS. NIPUR CHANDNA, MEMBER

ORDER

08.05.2024

1. The complainant has filed the present complaint alleging the deficiency in service on the part of OP. The brief facts of the complaint are that the OP invited the public at large to apply for the plot in their expressway plot yojna and after receiving a link, the complainant made payment of Rs. 45,000/- by way of three equal installments of Rs. 15,000/- each. It is further alleged that the payments were made by the complainant under an impression and bonafide believe that complainant is making the payment to Yamuna Express Way Authority as the name of OP company scheme is similar to it.

2. On 22.09.2023, the draw was held and the complainant name appeared in the list of allottee. Before allotment on 22.09.2023, complainant came to know that the scheme in question is not of the U.P government but of a private builder. On further inquiry he came to know that the OP has no right, title or any authority to allot the plot, even no necessary permission for the change of land and right to development was issued in favor of OPs by the sanctioning authorities. As such the complainant sent legal notice dated 25.09.2023 to the OP for refund of the money. OP neither replied to the legal notice nor complied the same, being aggrieved by the conduct of the OP, complainant approached this commission for redressal of his grievance.

3. The present complaint case is on admission stage. We have heard Sh. Ritesh Solanki counsel for complainant and have perused the record.

4. The complainant has placed on record the copy of email mentioning the address of OP, copy of payment details made to OP, copy of the emails in support of his contention.

5. It is alleged by the complainant in his complaint that he booked the plot with OP, however, he failed to place on record any documentary evidence in respect to the booking of the plot as well as any agreement executed between the parties in respect to the booking of plot.  In the copy of the emails placed on record by the complainant it is clearly mentioned that ‘This website does not belong to any government organization’, hence the averments of the complaint that he had booked the plot with OP under the impression that it is the government company and the express way authorities has invite the public at large does not hold any legs to stand, as on the website it is clearly mention that it does not belong to government organization.  

6. Admittedly, the complainant has deposited only Rs. 45,000/- with OP and had failed to place on record any documentary evidence in respect to the booking of plot as averred in the complaint.

7. In such a peculiar circumstances, we are of the considered view that prima facie no case of deficiency in service or unfair trade practice accrued in favor of the complainant and against the OP as the complainant himself  admitted at para-2 of its complaint that under an impression and bonafide belief that he is making a payment to Yamuna Express Way Authority as the name of the company/scheme is similar, he deposited the money with OP, hence, we are of the considered opinion that the present complaint is devoid of merit, hence, dismissed.

File be consigned to record room.

Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   08.05.2024.

Sanjay Kumar              Nipur Chandna                        Rajesh

               President                            Member                              Member