Meaning of term “Promotion” in Service Laws

On 11.01.2021 Supreme Court held that Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer‘s Agreement as the incorporation of such one-sided and unreasonable clauses in the Apartment Buyer‘s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act, 2019. An “unfair contract” has been defined under the 2019 Act, and powers have been conferred on the State Consumer Fora and the National Commission to declare contractual terms that are unfair, as null and void. Further, the Developer was also directed not deduct the Earnest Money of 20% from the principal amount, or any other amount as mentioned in Clause 21.3 of the Agreement, on account of the various defaults committed by the Developer, including the delay of over 7 months in obtaining the Fire NOC. ( IREO GRACE REALTECH PVT. LTD VS ABHISHEK KHANNA & OTHERS (CIVIL APPEAL NO. 5785 OF 2019)

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