Ansal Properties sends balance demand letter to wrong address pays compensation

The New Delhi District Consumer Disputes Redressal Forum has asked Ansal Properties and Infrastructure to make a compensation of Rs 100,000/- to one of its customers for cancelling his allotment of a shop. The story unfolds as Mr Sharma, a resident of Saket booked a shop at Sushant Lok Arcade, Gurgaon against an initial payment of Rs 50,370/- to Ansal Properties and Infrastructure. The second installment on the same amount was to be submitted in June 1996. Mr Sharma alleged that in spite of sending many a requests to the Realtor about the due date of deposit no response was received till the year 2004. Much to the dismay of Mr Sharma his due allotment of the shop was cancelled for by Ansal Properties on account that he was duly informed vide a demand a letter of Rs 2.53 lakhs in the year 1997.

Ansal Properties and Infrastructure reasoned that the customer couldnt pay the balance on the total payment in spite of the demand letter being sent to him. Once the due date was over the allotment was cancelled. Ansal Properties however offered Mr Sharma to pay an amount of 7.57 Lakhs as the balance deposit along with an interest up to 2004, which he refused. Subsequent to this, the company had to cancel the allotment as the dues were not received on time.

The complainant however had his own reason on the non-payment. The Consumer Forum was apprised that the demand balance letter was sent on a wrong letter. The complainant gave enough evidences to believe that the balance demand letter dated 21st August 1997 was sent to a wrong address. Mr. C.K.Chaturvedi who precided the forum was of the view that the realtor cant blame the customer for not having deposited the balance payment, for he was not informed of any due date. The letter on the intention was wrongly addressed and this prevented the complainant from depositing the amount. The Consumer Forum held the cancellation illegal and asked the opposite party to give the possession to its rightful customer. The forum also mentioned that the complainant needs to pay interest only up till 21st August 1997 and not for the period later than that.

The New Delhi District Consumer Disputes Redressal Forum held the cancellation as illegal because the balance demand letter never reached the right person. The Forum asked Ansal Properties and Infrastructure to comply with the possession formalities once the balance is paid. The judgment comes as an eye opener to all of those who go on to buy properties and wait till the allotment is cancelled for delay in subsequent payments. It is therefore very necessary to keep in touch with the property developer or realtor to prevent any gap in information. A proper and timely communication should be maintained with the property developer about the payments, development charges, membership fees, property charges or change in address. Timely information should make sure that no disputes take place on the property.

Rajnish Kumar
Akosha
F-10, Basement of Andhra Bank, Kalkaji Main Road
Delhi New Delhi, 110019
+91-11-64643453

Source:
Ansal Properties sends balance demand letter to wrong address pays compensation

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