NCDRC_common builder- buyer agreements_unconscionable contracts

NCDRC_common builder- buyer  agreements_unconscionable contracts



It is common parlance that, in the builder- buyer  agreements  the terms are framed as favorable and suitable  to the builders/ service providers.   In our view, these are unconscionable contracts. The builder exercise his  right to charge penalty or interest at 18-24% on the delayed payment of installments. Thus,  in our view, in the interest of natural justice the consumers at large deserve to receive same interest  from  opposite parties in cases of fault or deficiency.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

FIRST APPEAL NO. 374 OF 2015

(Against the Order dated 26/03/2015 in Complaint No. 25/2007 of the State Commission Uttar Pradesh)

1. SHEO PRAKASH GUPTA & ANR. S/O. LATE NANNHE LAL GUPTA, DIRECTOR OF M/S. SANSKRITI REAL, ESTATE PRIVATE LIMITED, R/O. 117/H-2/110, PANDU NAGAR KANPUR UTTAR PRADESH 2. SHRI SANJAY GUPTA S/O. RADHEY SHYAM GUPTA, DIRECTOR OF M/S. SANSKRITI REAL, ESTATE PRIVATE LIMITED, R/O. 117/H-2/110, PANDU NAGAR, KANPUR UTTAR PRADESH	...........Appellant(s)
Versus
1. KANPUR DEVELOPMENT AUTHORITY THROUGH ITS CHAIRMAN, MOTIJHEEL, KANPUR, UTTAR PRADESH Dated : 12 Jun 2017	...........Respondent(s)