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...the same was a one-sided agreement. He also submitted that the Division Bench of the High Court ignored and overlooked Clause 14 of the agreement which deals with the termination of the agreement by...into an agreement on 30-7-1998, whereby it was agreed that the first respondent shall procure, install and operate an amusement ride for both adults and children called “Slambob” in the amusement park...“Kishkinta” which was maintained by the appellant. The agreement also provided that the first respondent shall maintain the equipment by effecting necessary repairs, etc. The agreement further provided...
...opposite party for its multiple projects and its clauses were arbitrary, unfair and onerous on the other party. He further stated that there was no escape from this one-sided agreement except by way...eligibility condition to exercise the scheme. The informant therefore alleged that the OP, being a dominant enterprise abused its dominant position by making him sign such one-sided agreement which...competent authorities under the Municipal Act and Building Bye-laws. Several representations and promises were made by the OP through their Commercial Office Space Buyer's Agreement (the 'agreement...
...any rule to charge cancellation fee. The terms and conditions of purchase agreement are one sided. Agreement is not a bilateral agreement. The complainant has not signed on the terms and conditions...complainant insisted for payment of full amount paid by him with interest. The learned advocate for the opposite party on the other hand relied upon clause 7 of the purchase agreement. As per the said...complainant. We are of the opinion that the clause 7 of the purchase agreement cannot be invoked in this case. The opposite party cannot charge cancellation fee at his whims and fancies. There is no law or...
...copy of the document filed along with the Civil Revision Petition the same is styled as 'stone metal agreement'. A bond is a type of ONE-SIDED agreement on the part of the executant that contains...detailed terms of contract to abide by on failing which some penalty is leviable or some security is forfeited by the other party. On the other hand, an agreement is a TWO-SIDED contract with conditions to...the basis of a stone metal agreement dated 09.5.2013. The trial Court treated the said document as 'bond' without hearing the counsel and the order was an ex parte order. It is submitted that the...
...is the Minimum Guarantee Agreement on 8.12.1993 with the Ist respondent Board for electrification of its labour quarters and other installations. The case of the appellant is that it is a one sided agreement. By...JUDGMENTK.M Joseph, J.Appellant is the writ petitioner. The writ petition was filed seeking to declare that the respondents are bound by Ext.P1 agreement and...they have absolutely no right to vary or modify the agreed terms and conditions in Ext.P1 agreement unilaterally and also for a direction to comply with Ext.P1 agreement strictly in terms of the...
...with specific purpose of misusing ECS mandate of the complainant under grab of recovering installment on basis of one sided agreement.
3. Arguments heard.
4...
...have categorically submitted that these houses together were purchased for running K.G. school of the Society in Vigyan Nagar, Kota and agreement which is mentioned, has no value since it is one sided agreement. Fu...applicable here.(ii) The agreement is one sided agreement; no registration was done, hence it is wrong to say that the agreement and registration of property was in the name of the assessee...mentioning Rs. 66.00 lacs, but he has ignored to state that the said agreement was one sided agreement left over there and it has not been signed by Shri Subhash Chand Agarwal and Shri Prateek Agarwal...
...this regard from the very beginning. The contract did not give any opportunity to the complainant to get rid thereof under any circumstances and it was one sided agreement. There must have been...been given to the complainant in the one sided agreement which contained total beneficial stipulations in favour of the OP. Even on merits also, we do not find that present is a case of grant of...included at least one clause in the agreement whereby the purchaser must have been given a right to cancel the membership within a particular period (freelook period) though subject to some conditions and...
...not give any opportunity to the complainant to get rid thereof under any circumstances and it was one sided agreement. There must have been included at least one clause in the agreement whereby the...had been given to the complainant in the one sided agreement which contained total beneficial stipulations in favour of the OP. The material on record shows that the complainant had enquired from...holidays privileges and the complainant will be given a gift coupon for 6 nights and 7 days and could be availed by the complainant in different Country Club properties within a period of one year. Gift...
...it was one sided agreement. There must have been included at least one clause in the agreement whereby the purchaser must have been given a right to cancel the membership within a particular period...complainants to refund the entire amount paid by them. However, as stated hereinabove, no such freedom had been given to the complainants in the one sided agreement which contained total beneficial...signing.It is unmistakably stated in the 3 para of the agreement/application form that the membership fee is not refundable under any circumstances.The complainants verified the terms and conditions as...
...never disclosed one sided agreement which it later got signed from the complainant by concealing all the contents of the said agreement at the time of making verbally said to the complainant. The...complainant before actually signing the agreement went through its contents and found that all the terms and conditions as mentioned therein, were totally one sided and in case of any dispute it would left the complainant n.... 3. In the present case, the complainant has mentioned two addresses of the OP in the arrays of the parties. One of the Chennai, Tamilnadu and other of Worli, Mumbai, both these...
...by paying consideration of Rs.32,840/- through his American Express credit card. The said executive of OP never disclosed one sided agreement. The complainant refused to sign the agreement as on going...through the contents thereof he found that the terms and conditions were totally one sided. He asked the OP to refund Rs.32,840/- vide mail dated 08.04.19. OP confirmed cancellation and informed that...complaint.
3.
The District Forum found that appellant has mentioned two addresses of respondent in the array of parties. One was of Chennai, Tamilnadu and other...
...was to charge monthly subscription. The maintenance agreement was in favour of opposite party no.1 or one sided agreement. Average collection per month was nearly Rs.20,00,000/- for services as...other relevant documents. Accordingly, the complainant signed maintenance agreement on 07.02.2013 and was given key of the house with one week time for final touch of the flat. Opposite party no.2 had...The brief facts of the complaint are that vide letter dated 01.02.2013 the complainant was informed by builder to execute conveyance deed and to sign maintenance agreement as well as...
...loss of the consignment. No evidence given to support that. It is one sided agreement not relevant at all. 9. From the evidence on record it is clear that consignment was lost...This case arises on the petition filed by one Arup Kumar Nath U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on January 2017 he sent...one bill of expenses to the Head Office at Natco Pharma, Hyderabad from Agartala through DTDC. He paid the DTDC charge for transmission of the bills to the head office but it was not sent. He...
...one sided agreement. Whether it was broadcasted and placed before the petitioner not clearly stated. As per Carriers Act, 1865 the carrier made limit the liability by special contract. No such contract...One Muslem Miah and Rifat Begam filed this complaint before this District Forum U/S 12 of the Consumer Protection Act. It is alleged that they went to Kolkata...series. Petitioner side also examined one witness, Muslem Miah, the petitioner himself. 5. O.P. Spicejet on the other hand examined one witness, Mr. Pankaj Deb, Authorized...
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...28thSeptember, 2011, which were unfair or discriminatory and created one-sided and onerous obligations on the informant. The said one-sided conditions pertained to provisional rentals stated in the lette..., prayed to the Commission to hold that the opposite party had abused its dominant position in the relevant market of 'providing venues for trade fairs/exhibitions in New Delhi' by creating one-sided agreement and...organizing international trade fairs, thereby bringing buyers and sellers to one common platform in order to facilitate interaction among them for furthering their respective businesses. For carrying out its...
...an arbitration agreement becomes one sided agreement, namely, to be invoked by the bank alone at its discretion without giving any corresponding right to the respondent to have the benefit thereof...of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) on the ground that Clause 14.7 of the loan agreement provided for adjudication of disputes through arbitration by a sole arbitrator...arbitration agreement between the parties, provisions of the Arbitration Act as contained in Section 8 of the Arbitration...
...the apartment), as well as Clause 13 (relating to delay in possession). The Commission found that the agreement is one-sided, heavily loaded against the allottee and entirely in favour of the...the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder. The contractual terms of the agreement dated 8-5-2012 are ex facie one-sided, unfair and unreasonable. The incorporation...agreement dated 8-5-2012 were wholly one-sided and unfair to the respondent flat purchaser. The appellant builder could not seek to bind the respondent with such one-sided contractual terms.”...
...charged for a period of two months, failing which the allotment would be cancelled by deducting 5% of the entire value of the property. The agreement was evidently one sided. For a default on the...savings bank rate prescribed by the SBI. There is merit in the submission which has been urged by the buyer that the agreement was one sided. The clause which has been extracted in the earlier part of this...Redressal Commission.3. A Buyer's Agreement dated 2 July 2007 was entered into between the appellant and the respondent.4. The respondent paid an...