Holding the cancellation as "illegal", the New Delhi District Consumer Disputes Redressal Forum also asked the real estate company to deliver the possession of the shop to Delhi resident Ashwani Sharma.
"The balance demand letter of August 21, 1997 is found addressed to wrong address. Therefore, opposite party (Ansal Properties) cannot blame the complainant (Sharma) for not depositing the balance," said the forum, presided by C K Chaturvedi
"In these circumstances, we hold the cancellation as illegal, and direct the opposite party to deliver possession of the shop to complainant, on his depositing the balance amount, with interest on the delayed payment till August 21, 1997 only and not for the delay upto 2004," the forum said.
Sharma, a resident of Saket here, had said in his plea that he had booked a shop in Sushant Lok Arcade, Gurgaon by making payment of Rs 50,370 to the real estate company in January 1995 and a second installment of equal amount in June 1996.
He had alleged that he had made several enquiries about the next date of deposits of installments, but he had received no response till 2004, when after a delay of nine years he was offered possession of the shop subject to his making a payment of Rs 7.57 lakh, including delay charges up to 2004.
The Ansal Properties and Infrastructure in its reply had said that after paying the second installment in 1996, Sharma slept over the matter even though he was sent a demand letter in 1997 for Rs 2.53 lakh.
The company had added that his allotment was cancelled as he did not pay the balance amount along with interest for the delay until 2004.
The bench rejected the firm's contention and said "pay Rs one lakh as compensation to the complainant for cancellation of (allotment of) the shop."
