Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Apartment Buyer’s Agreement – Unfair trade practice |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Consumer Protection – Apartment Buyer’s Agreement – Unfair trade practice – Oppressive and one sided contractual terms – Held: The Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer’s Agreement – Incorporation of one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an unfair trade practice u/s.2(1)(r) of CP Act, 1986 – Even under the CP Act of 1986, the powers of the consumer fora were in no manner constrained to declare a contractual term as unfair or one-sided as an incident of the power to discontinue unfair or restrictive trade practices – An “unfair contract” has been defined under the Consumer Protection Act, 2019, and powers have been conferred on the State Consumer Fora and the National Commission to declare contractual terms which are unfair, as null and void – This is a statutory recognition of a power which was implicit under the Consumer Protection Act, 1986. Consumer Protection – Applicability of provisions of Consumer Protection Act as an additional remedy, despite existence of remedies under special statutes – Whether primacy to be given to RERA Act over the Consumer Protection Act – Held: Remedies under the Consumer Protection Act are in addition to remedies available under special statutes – Absence of a bar u/s.79 of RERA Act to initiation of proceedings before a fora which is not a civil court, read with s.88 of the RERA Act makes the position clear – s.18 of the RERA Act specifies that remedies are “without prejudice to any other remedy available” – Real Estate (Regulation & Development) Act, 2016 (RERA Act) Consumer Protection – Apartment Buyer’s Agreement – Determination of the date for handing over Possession – Discussed, with reference to the facts and circumstances of the case.Consumer Protection – Apartment Buyer’s Agreement – Entitlement of the Apartment Buyers to refund of the amount deposited with Delay Compensation – Discussed, with reference to the facts and circumstances of the case. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2021 INSC 13 |
Petitioner | Ireo Grace Realtech Pvt. Ltd. |
Respondent | Abhishek Khanna & Others |
SCR | [2021] 2 S.C.R. 1 |
Judgement Date | 2021-01-11 |
Case Number | 5785 |
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