One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice: SC [Read Judgment]

Ashok Kini

2 April 2019 6:10 PM IST

"A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder."

The Supreme Court has held that the incorporation of one-sided clauses in a builder-buyer agreement constitutes an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986. The bench comprising Justice UU Lalit and Justice Indu Malhotra also observed that a builder could not seek to bind a flat buyer with one-sided contractual terms. The bench was...

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice: SC [Read Judgment]

Ashok Kini

"A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder."

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