“Araya Complex”, Sector 62, Golf Course Extension Road, Gurugram
Respondent – Flat Purchaser entered Apartment Buyer’s Agreement with Appellant – Builder. Appellant – Builder, failed. Respondent – Flat Purchaser filed NCDRC, Consumer Complaint.
“Respondent – Flat Purchaser could not be compelled to take possession at such a belated stage. The inordinate delay in handing over possession of the flat clearly amounts to deficiency of service. A perusal of the Apartment Buyer’s Agreement reveals stark incongruities between the remedies available to both the parties. Courts will not enforce and will, when called upon to do so, strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power [Brojo Nath Ganguly, (1986) 3 SCC 156]. When possession of the allotted plot/flat/house is not delivered within the specified time, the allottee is entitled to a refund of the amount paid, with reasonable interest thereon from the date of payment till the date of refund [Syndicate Bank, (2007) 6 SC 711].”
– Hon’ble Justice Indu Malhotra, Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan, [Civil Appeal No. 12238 of 2018].