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SANKARPRASAD (MNGR)     29 October 2024

Atm issue.

"A"  gave his  premises to Prism Pvt Ltd with a rent for 15 Years thriough an agreement.  Condition is Rent will be raised 10% for every 5 Years. They paid regularly without any fail. But PRISM soldout their Company ATM Business to Hitachi payments after some time. Hitachi also paid without any fail upto completion of 15 Years agreement.  After completion of  15 Years Hitachi is not responding to either to remove the ATM Machine from Client premises or to Pay to rent,. This is going on for the last 4 Years.  Bank ( To which this ATM is working)  lift their hands by saying ATM Business is not in their control and they are not responsible for Rent payment But All these ATMs will run as per RBI Guidelines and wiithout RBI permission we can not remove ATM machine from present location. This is a serious violation and crime what some of Advocates suggested.  Through an RTI RBI said we have to sortout this issue with HITACHI and has to give an intimation to them. Now one or two people calling us and saying If we agree for Two months rent they can discuss with Hitachi for removal of ATM.. This is a huge loss to the client. Satrting rent it self Rs12500.00 per month. "A" has to lose Huge amount with this two months condition.

Pl. suggest how to proceed in this situation.

Warm Regards

Sankara Prasad.

 



Quick Summary
A property owner is facing a significant issue after their tenant's ATM business was sold. The new owner, Hitachi Payments, has stopped paying rent and refuses to remove the ATM machine after the 15-year agreement ended. The bank claims no responsibility, and the RBI advises resolving it with Hitachi. The owner is losing substantial amounts and is seeking advice on how to proceed, especially when offered a settlement for just two months' rent.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     29 October 2024

This is a practical issue, you have to consult an experienced lawyer in the local and proceed as suggested.

P. Venu (Advocate)     30 October 2024

Non-payment of rent is a ground for seeking eviction. But the due process, as provided under the local Rent Laws, needs to followed.


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