...that the terms and the conditions/declaration/undertakings of the contract/agreement is one sided, unfair and arbitrary and hence it is void. In view of the CP Act, 2019 the Ld. District commission...is not given any power to adjudicate the matter relates to one sided/unfair contracts. In view of the amended Act 2019 the power has given to the Honble SCDRC and Honble NCDRC. After perusal of the...

...the agreement was one sided, void and it did not even disclose the mandatory carpet area of the flat as per the provisions of law. OPs did not intimate about the registration of the project under (H...terms and conditions of the Buyer Agreement, which was to be executed at the appropriate stage. 5. OP-1 issued another demand letter dated 01.02.2016 demanding a payment...No.2 requested for a time frame of construction work and also requested for Buyer Agreement to be executed. Vide the said email, she also requested OPs to provide the list of buyers. Since no reply was...

...clause inserted in the printed format shall not be a one sided then its amounts to void agreement. Since the complainant is not satisfied with the opposite party company of course he has got every right...party No.1 and in the month of July 2012, hence deposited an amount of Rs. 1,75,000/ (Rupees one lakh seventy five thousand only). The opposite party No.1 had represented that an amount of Rs. 20,000...there was no vacant site for allotment. Hence complainant requested to the opposite party No.1 refund the amount, but which could not find any good result opposite party avoiding the complainant. One...

...shall not be a one sided then its amounts to void agreement. Since the complainant is not satisfied with the opposite party company of course he has got every right to cancel the membership and...complainants to become members, under purchase agreement CV 90/2012 dated 26-09-2008. And complainants have paid entire purchase amount towards studio type site at Devanahalli at IX Phase of proposed...served to the opposite party by RPAD filed version stating that complainants were given the draft copy of the purchase agreement for Country Vacations International Holiday ClubMembership to thoroughly...

...and conditions the clause inserted in the printed format shall not be a one sided then its amounts to void agreement. Since the complainant is not satisfied with the Opposite Party company of course...season type. After that from the date of purchase agreement the complainants have been requested the opposite party to show the above said site but the opposite party avoiding the same on one or other...administration fee totally complainants are paid a sum of Rs. 1,40,000/-. The amount has been paid as per the purchase agreement in contract No. DT-85/0020 dated 16.10.2008 for studio Bleu apartment and...

...said terms and conditions the clause inserted in the printed format shall not be a one sided then its amounts to void agreement. Even though the complainant not paid the registration charges it is the...like a birthday parties, get together, conference and company parties etc., complementary one way Air tickets to country club defendant Goa with stay free for a couples, free plot (1500 sq. ft) will be...allotted at Hogannekal Project, Dharmpuri Dist., Hosur (T.N), one week holiday packages for 30 years across country club properties in India and many more. Among the above facility...

...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 of such one-sided clauses in an agreement constitutes an unfair trade practice as per Section 2(r) of the Consumer Protection Act, 1986 since it adopts unfair methods or...

...Letter (Ex.C-4) be declared illegal, null and void being one- sided and unfair contract as defined under Section 2(46) of the Act. (left/forgone) ii) The OPs be...) be declared illegal, null and void being the one-sided and unfair contract, as defined under Section 2(46) of the Act. Further, it had been prayed that directions be issued to the...the Allotment Letter as illegal, null and void being one-sided and unfair contracts as defined under Section 2(46) of the Act. It is relevant to mention here that the Complaint was...

...contents. It is denied that the terms of the allotment letter or agreement are void, one sided or biased. As per Clause 7(c) of the agreement, if the possession of the unit is not offered within a...08.08.2011, Ex.C/2 and agreement dated 24.11.2014, Ex.C/7, as null and void being unfair contract. Specific averments regarding the unfair and one-sided clauses in the said documents have also been made. The...letter, Ex.C/2 and agreement, Ex.C/7, shows that they are loaded with biased and one sided terms, favouring opposite parties No.1 to 4, to the detriment of the complainant; which are squarely covered...

...illegal, null and void being one-sided, unreasonable and unfair trade practices within the meaning of the Act and further grant the reliefs as prayed for. 2...prayed for declaring the terms of the letters dated 07.05.2021 as null and void, being one sided, arbitrary and unfair and for restraining OP No.1 from charging said hefty amount of maintenance..., extending the agreement, null and void, in view of Section 49(2) of the Act. Learned counsel also submits that OP No.1 demanded Rs.5067/- as maintenance charges per month from each of the...

...) That Flat Buyer Agreement (Ex.C-3) and the allotment letter (Ex.C-2) be declared as illegal, null and void, being one- sided and unfair contract, as defined under Section 2(46) of the Consumer...Agreement Ex.C-3 as null and void being unfair contract. Specific averments regarding the unfair and one- sided clauses in the said documents have also been raised. The Act gives power to the State.../provided. The opposite parties have failed to obtain all the clearances till date. All the terms of the agreement are against the complainant and are one-sided and against the interest of the complainant...

...that the parties have not suo motu allowed themselves affected by undue influence and such other factors so as to make the agreement one sided and void. It is not within the ambit and sphere of the...are not one sided, but are as a result of clear negotiation, therefore they are required to be considered as price arrived at independently after negotiation. He submits that the sweeping observation in...Central Excise Act and also asking why penalty should not be imposed. Show cause notice contained the statement of facts, brief summary of investigations, General agreements, Agreement for lease of...

...demand letters. The complainant was made to sign the plot buyer's agreement and she had no opportunity to protest the one sided clauses mentioned in the said agreement. Such one sided clauses are ... Chandigarh to the complainant and Sh. Gurmeet Singh. The OPs also sent Plot Buyer's Agreement vide letter dated 01.12.2011 and asked the...complainant to put her signatures at places marked "X" in the agreement. Thereafter on 08.02.2012 Plot Buyers Agreement was executed between the OPs and complainant along with Sh. Gurmeet Singh. The said plot...

.../Court with regard to prayer regarding declaring the Flat Buyer's Agreement and the Allotment Letter illegal, null and void being one-sided and unfair contract as defined under Section 2(46) of the Act...the terms of the said documents are one-sided, biased and in favour of the OPs. At the time of execution of the Agreement the Complainant had no negotiating powers and he had signed on the Agreement...illegal, null and void, being one sided and unfair contract, as defined under Section 2(46) of the Consumer Protection Act, 2019. 2) The OPs be directed to refund the...

...into Court in the main original petition. But, on 28th March, 1966, the respondents filed a counter stating that the arbitration agreement was purely one-sided, that the award passed on 28th October...their disputes were referred, under a specific arbitration agreement dated 20th October, 1965, to five individuals viz., Subramaniam Chettiar, Venugopal Chettiar, Mahalinga Mudaliar..., Shanmughasundaram and Meenakshisundaram Chettiar. According to one of the Arbitrators, Venugopal Chettiar, who claimed to be the President of the Board of arbitrators the board entered upon the reference after...

...is not therefore a restraint of trade unless the contract as aforesaid is unconscionable or excessively harsh or unreasonable or one-sided’. In the opinion of A.P Sen, J, in Superintendence Co. Ltd. (supra), the question whether an ...lawful profession. Section 27 of the Indian Contract Act, 1872 reads as under:“27. Agreement in restraint of trade void,—Every agreement by which any one is...disputes arising in connection with the present agreement shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators...

Can't display summary as content is Scanned, Please open the judgment to see full content.

.... v. Ritu Hasija being CC No.190 of 2017 and connected matters, decided on 18.09.2018, held that clause 44 of that Agreement was wholly unfair and one-sided, which gave only a limited right to...Apartment Buyers Agreement were one-sided and unfair was illegal and without jurisdiction, under the Consumer Protection Act, 1986. It was only under the Consumer Protection Act, 2019, which came into...obtaining the Fire NOC by the Developer. 19. Whether the terms of the Apartment Buyers Agreement are one-sided? The second issue which has been raised by the Apartment...

...: - "………(i) The Tripartite Agreement dated NIL (Annexure C-7) be declared illegal, null and void being one-sided and unfair contract, as defined under Section 2...expate. Heard on the application bearing MA No.544 of 2022 filed by the complainant. By relying upon Agreement for Sale dated 30.08.2018, Annexure C-2, Ld. Counsel for the...complainant has submitted that as per Clause 1.11 of Agreement for Sale, the Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the...

...deficient & negligent services, unfair trade practice against the opposite parties besides terming the certain terms & conditions of the maintenance agreement to be illegal, null and void...being one-sided and unfair contract. Since, the issues involved in these complaints, except minor variations, here and there, of law and facts are the same, therefore, we are of the opinion that the same...space other than the one already provided, as committed vide clause 1.2(iv) and 1.9 of the agreement; ii. To stop charging maintenance charges till the time, occupation...