Ld. Advocate(s)
For Complainant: Ajoy Sana
For OP/OPs : none
Date of filing of the case :27.12.2021
Date of Disposal of the case :31.03.2023
Final Order / Judgment dtd.31.03.2023
Complainant above name filed the present complaint against OPs praying for directions. They alleged in the petition that they desired to purchase ownership flat and applied before the OP no.1 for loan in order to purchase the same in Uma- Co-operative Housing Society Limited learning that they would get Prime Minister Avash Yojana (PMAY) subsidy.
As per their prayer Housing building loan amounting to Rs. 16,15,000/-(Rupees Sixteen Lakhs fifteen thousand) was sanctioned on 17.07.2020 vide HBL, A/c 1772300014216.
On several occasions complainants visited the office of OP no.1 and OP no.2 who assured them that they would get Prime Minister Avash Yojana (PMAY) subsidy but unfortunately they did not get the same.
On 21.06.2021 they made a complaint before the senior Manager of PNB Central Park Branch. Several meetings were held with the OP no. 1 regarding said problem but problems were not solved. Lastly complainant no. 1 made a complaint before the OP no. 2 through online on 23.07.2021 but did not get any results. He made another complaint through online on 16.10.2021 but did not get any results. On 01.11.2021 RTI application was posted but till date complainant did not get any reply. Finding no other alternative they filed this case.
OP no. 1 and 2 did not file W/V till 16.06.2022 in spite of receiving of notice from this Commission on 10.01.2022. This Commission vide order no. 07 dtd. 17.06.2022 fixed the case for ex-parte hearing against OP no. 1 and 2.
TRIAL
Complainant no. 1 and 2 in supported of their case filed 2 separate affidavit-in-chief.
They filed certain documents such as:-
- Sanctioned Letter dtd. 17.07.2020.
- Copy of complaint lodged by complainant no. 1 before the Senior Manager of PNB dtd. 21.06.2021.
- Copy of RTI dtd. 01.11.2021.
BNA
Complainant filed BNA.
DECISION WITH REASONS
It is the allegation of complainant that they did not get the subsidy relating to scheme namely Prime Minister Avash Yojana (PMAY). Complainant did not file any documents relating to the scheme namely Prime Minister Avash Yojana (PMAY) subsidy.
He did not file any documents in support of the fact that he was entitled to subsidy under the said scheme relating to house building loan.
Grant of benefit of Prime Minister Avash Yojana (PMAY) to a person is the absolutely discretion of the concerned authority.
We are in the dark as to why the concerned authority did not grant benefit of the said scheme by providing subsidy in favour of the complainants.
Moreover, this Commission cannot compel Bank Authority to grant the subsidy of Prime Minister Avash Yojana (PMAY) in favour of the complainants as complainants failed to establish their case by sufficient evidence and documents.
Having regard to the aforesaid discussion we are of the firmed view that complainants failed to establish their case by sufficient evidence and documents.
In the result present case fails.
Hence,
It is
Ordered
that the present case be and the same is dismissed against OP no. 1 and 2 ex-parte but without any order as to cost.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP No.1-2 as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
