Incorporation Of One-sided And Unreasonable Clauses In Apartment Buyer’s Agreement Constitutes An ‘Unfair Trade Practice’: Supreme Court

first_imgTop StoriesIncorporation Of One-sided And Unreasonable Clauses In Apartment Buyer’s Agreement Constitutes An ‘Unfair Trade Practice’: Supreme Court LIVELAW NEWS NETWORK11 Jan 2021 8:36 PMShare This – xThe Supreme Court has held that the incorporation of one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act.The bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee observed that the Developer cannot compel the apartment buyers to be bound by the one-sided…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has held that the incorporation of one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act.The bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee observed that the Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer’s Agreement.The Court held thus while disposing an appeal filed by a Developer against an order passed by National Consumer Disputes Redressal Commission directing it to refund of the amounts deposited by the Apartment Buyers on account of the inordinate delay in completing the construction and obtaining the Occupation  Certificate.The following issues were raised in the appeal before the Apex Court: (i) Determination of the date from which the 42 months period for handing over possession is to be calculated under Clause 13.3, whether it would be from the date of issuance of the Fire NOC as contended by the Developer; or, from the date of sanction of the Building Plans, as contended by the Apartment Buyers; (ii) Whether the terms of the Apartment Buyer’s Agreement were one-sided, and the Apartment Buyers would not be bound by the same; (iii) Whether the provisions of the Real Estate (Regulation and Development) Act, 2016 must be given primacy over the Consumer Protection Act, 1986; (iv) Whether on account of the inordinate delay in handing over possession, the Apartment Buyers were entitled to terminate the agreement, and claim refund of the amounts deposited with interest.While discussing the second issue, the bench referred to clauses of the agreement and observed that the same reflect the wholly one-sided terms of the Apartment Buyer’s Agreement, which are entirely loaded in favour of the Developer, and against the allottee at every step. The court said that the terms of the Apartment Buyer’s Agreement are oppressive and wholly one-sided, and would constitute an unfair trade practice under the Consumer Protection Act, 1986.”We are of the view that the incorporation of such one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act. Even under the 1986 Act, the powers of the consumer fora were in no manner constrained to declare a contractual term as unfair or one-sided as an incident of the power to discontinue unfair or restrictive trade practices. An “unfair contract”  has been defined under the 2019 Act, and powers have been conferred on the State Consumer Fora and the National Commission to declare contractual terms which are unfair, as null and void. This is a statutory recognition of a power which was implicit under the 1986 Act. In view of the above, we hold that the Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer’s Agreement.”To answer the third issue, the bench referred to a recent judgment in M/s Imperia Structures Ltd. v. Anil Patni and Anr, in which it was observed that Section 79 of the RERA Act does not bar the Consumer fora from entertaining complaint on behalf of an allottee. Other issues were also answered in favour of the allottees. CASE: IREO GRACE REALTECH PVT. LTD. vs. ABHISHEK KHANNA [CIVIL APPEAL NO. 5785 OF 2019 ]CORAM: Justices DY Chandrachud, Indu Malhotra and Indira BanerjeeCITATION: LL 2021 SC 14A Click here to Read/Download JudgmentRead JudgmentNext Storylast_img read more

Houston Astros star Justin Verlander and Kate Upton donate his MLB paychecks to COVID-19 relief

first_imgApril 6, 2020 /Sports News – National Houston Astros star Justin Verlander and Kate Upton donate his MLB paychecks to COVID-19 relief FacebookTwitterLinkedInEmailAllen Kee / ESPN Images(HOUSTON) — MLB star Justin Verlander and his wife, model Kate Upton, recently announced the generous way they are giving back amid the novel coronavirus pandemic.The Houston Astros pitcher and Upton will donate the weekly paychecks he is receiving during the MLB shutdown while the season is suspended to different COVID-19 relief organizations.The couple, who have been married since 2017, shared what moved them to make this decision in an Instagram video posted Saturday.“Obviously, this is an extremely difficult time for the entire world,” Verlander said. “There’s so many people that are in need, whether it’s those that are on the front lines battling this disease head on or someone who’s at home and has lost their job and needs to provide basic necessities, such as food and water.”“As soon as the first paycheck is received we will be highlighting the first organization,” Verlander wrote in the caption of his post. “We know everyone is impacted by this crisis, but for those who are able, we encourage you to stay home to help flatten the curve and look to those around you who need a helping hand.”Major League Baseball and the MLB Players Association reached an agreement last month that players on rosters and the injured list will receive full service time if any of the season’s games are played.If the pandemic prevents the entire season from occurring, these players will receive the same amount of service time they had in 2019.Verlander is one of the many athletes stepping up to help those affected by the coronavirus pandemic.Tom Brady recently announced he is donating 10 million meals to Feeding America through his partnership with private aviation company Wheels Up for its “Meals Up” initiative. Russell Wilson and his wife, singer Ciara, also pledged to donate 10 million meals with the aviation company to Feeding America.Check out some other famous figures who are raising awareness to food banks and various relief initiatives here. Copyright © 2020, ABC Audio. All rights reserved. Written bycenter_img Beau Lundlast_img read more

IS IT TRUE JANUARY 13, 2020

first_imgIS IT TRUE we been told that numerous people are encouraging the former 8th District Republican Chairman Rick Martin to run for the State Representative House District #75 seat that is currently held by Ron Bacon of Chandler? …that Mr. Bacon recently announced that he shall not seek re-election?  …if attorney Rick Martin decides to run for the soon to be vacant State Representative House District #75 seat currently held by Ron Bacon we predict that he shall be the odds on favorite to win the nomination in the Republican primary?IS IT TRUE over the years the Evansville Water and Sewer Utility Department has earned a reputation of being the mecca for political patronage and pork-barrel politics? …we still wonder if the members of the Board Of Directors receive either $3,000 or $5,000 for server on this board?  …we also wonder if any members of this board are eligible to receive city-paid health insurance?IS IT TRUE when the people fear the Government we have Tyranny!  When the Government fears the people we have Liberty FacebookTwitterCopy LinkEmailShare Today’s “Readers Poll” question is:  How do you rate the overall performance of State Representative Ryan Hatfield?If you would like to advertise on the CCO please contact us at City-County [email protected]: City-County Observer Comment Policy. Be kind to people. No personal attacks or harassment will be tolerated and will be removed from our site.”We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language, insults against commenters will not be tolerated and will be removed from our site.Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.center_img We hope that today’s “IS IT TRUE” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?IS IT TRUE we have been told at tonights Evansville City Council meeting that Alex Burton (D) will be elected President, Zachary Heronemus (D) will be selected Vice President and Republican Ron Beane will be elected Finance Chairmen of the 2020 City Council?  …we are also told that the other two newly elected City Council members Ben Trockman (D) and Kaitin Moore Morley (D) will be appointed by President Burton to head city influential boards?IS IT TRUE that Senate Bill No. 73 authored by State Senator James Tomes of Wadesvile could eliminate the option for concerned Hoosiers to anonymously report potential environmental violations to the Indiana Department of Environmental Management?   ..that currently, IDEM gives users the option to omit personal information like name, address and other contact information when submitting a tip online, over the phone and by mail?  …this anonymous reporting procedure would change if the bill is passed?  …if this bill passes it would force IDEM to program their site to not allow the submission of a report to the department unless the name and address form fields are filled in, and allow IDEM to reveal the reporting person’s name and address to the subjects of the complaint?IS IT TRUE that the bill, authored by State Senator Vaneta Becker, R-Evansville, would prohibit health maintenance organizations or other health insurance providers from modifying an individual’s coverage on a drug during the plan year?  …we give five (5) cheers to State Senator. Vaneta Becker, R-Evansville for pushing common-sense legislation for the common good of her constituents?IS IT TRUE over the years the City-County Observer has strived to serve as a “Community Watchdog” by sounding the alarm when our citizen’s rights are in danger of being violated by our elected or appointed officials?IS IT TRUE we realize that a community can have no greater ambassador of goodwill than one which keeps its citizens informed about the accomplishments, failures, and triumphs of individuals, the business community, church and community groups, educational institutions and elected and appointed officials?IS IT TRUE that for more than 17 years this column has served the citizens of Evansville and Vanderburgh County as the place to go to learn things that are going on in local government that other media is reluctant to cover?…much good has come from things posted in “IS IT TRUE” and the comment section and has, for the most part, made the City-County Observer the go-to place for open constructive dialog?IS IT TRUE that the primary focus of this publication was built upon the foundation of providing our readers with contemporary information in order to enhance their quality of life? …our mission is to provide vital information concerning social, entertainment, political and educational articles for your reading pleasure?  …over the years we strived to inform our readers about important issues that help shape their lives?IS IT TRUE that it has been reported that after 5 years Evansville war against blight is just getting started?…ten years ago, former Director of Evansville DMD Tom Barnett gave the CCO a tour of some of the worst blighted areas in Evansville and it looked pretty darn bad?… Barnett told us that there were over 10,000 homes in Evansville that needed more than $100,000 in work to be habitable?…he also told us something we already knew and that was those homes would only sell for $50,000 after having $100,000 in work?…that means this work will never get done and that the 10,000 homes really just needed to be demolished?…at $5,000 each to demolish those homes the cost to do this would amount to $50 million?…that is why after 5 years the job is still just getting started?…only rising housing prices will put these efforts into private hands and that is a long way into the future if at all?IS IT TRUE we feel that over the years this publication has served the taxpayers of this region well and we are proud to have done so?…as a reminder, one of the earliest breaking stories that the CCO profiled was when a former Mayor and his associates conspired secretly to eliminate the Homestead Tax Credit?…the CCO was alerted to this by one of our most trusted MOLES and we exposed this SENEGAL meeting and the amount of money that the taxpayers of Vanderburgh County were about to be fleeced out of?…that number was $5 million per year when the CCO’s exposure of this sneaky dirty trick saved the taxpayers of Evansville?IS IT TRUE that from drug addict needles in public playgrounds to potholes and from decrepit sewers to antiquated water pipes, the CCO has been the watchdog for the people against ignorant and malignant local government actions? …the $50 million misguided smart water meters that were snuck through by a former Mayor in its last weeks in office was opposed and exposed by the CCO and our willingness to do this saved the city taxpayers a bunch of money? …finally and this may have been our finest hour, we exposed the Earthcare Energy project as a scam and saved an oblivious city council from handing $4 million to a project team that didn’t even have a patent they claimed to have?…through all of this we taught Evansville the meaning of the term VETTING?…we hope this is a lesson that is never forgotten?last_img read more

Joe Lacob on Kevin Durant: ‘No player will ever wear #35 for the Warriors again’

first_imgCLICK HERE if you are having a problem viewing the photos on a mobile device The Warriors found no reason to chastise Kevin Durant for refusing a max contract and an ability to win more NBA championships. Instead, the Warriors thanked Durant for helping the Warriors two NBA Finals in the past three years with two Finals MVP performances.Warriors majority owner Joe Lacob also outlined another gesture.“As long as I am Co-Chairman of this team, no player will ever wear #35 for the Warriors …last_img

Vanguardia owns up to Phoenix failed quarterfinals bid

first_imgRead Next LATEST STORIES Phoenix, potentially, has the fourth pick in the draft and Vanguardia says they’re looking to add Filipino-German big man Christian Standhardinger.The 6-foot-8 bruiser, however, won’t play in the PBA in the first six months of the season as he is under contract with the Hong Kong Eastern Lions in the Asean Basketball League.“The first three teams may not like him [Standhardinger], because he’s not going to play for the first six months,” said Vanguardia. “We’re willing to wait.”Vanguardia also looks at NCAA standouts Rey Nambatac of Colegio de San Juan de Letran and San Beda’s Robert Bolick and Davon Potts to fill up their backcourt spots.ADVERTISEMENT MOST READ E.T. returns to earth, reunites with grown-up Elliott in new ad  Brace for potentially devastating typhoon approaching PH – NDRRMC Nonong Araneta re-elected as PFF president Frontrow holds fun run to raise funds for young cancer patients  “This is all part of the journey and we are really humbled by this experience,” said Vanguardia after Phoenix lost to San Miguel 109-107 at Ynares Sports Center in Antipolo.“I take full responsibility. We will learn from this and we’ll move on to become a better team.”FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutPhoenix was able to enter the playoffs in the first two conferences of the season finishing as the sixth seed in both the Philippine and Commissioner’s Cups, but it was in the Governors’ Cup that Vanguardia’s team took a dip.And with the 2016-2017 season over for Phoenix, Vanguardia now looks at the future with a eye on the upcoming draft. Sports venues to be ready in time for SEA Games PLAY LIST 00:59Sports venues to be ready in time for SEA Games01:27Filipino athletes get grand send-off ahead of SEA Games00:50Trending Articles01:37Protesters burn down Iran consulate in Najaf01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Gamescenter_img Don’t miss out on the latest news and information. #KicksStalker: Adidas tries to woo Antetokounmpo with a van of sneakers Phoenix head coach Ariel Vanguardia. Photo by Tristan Tamayo/INQUIRER.netPhoenix had a decent start in the PBA Governors’ Cup winning its first two games, but everything went downhill when the Fuel Masters strung together nine straight losses, effectively dashing any hope for a spot in the quarterfinals.The team’s 11th-place finish was the worst since head coach Ariel Vanguardia took over, and he knows there’s no one to blame for their dismal finish but himself.ADVERTISEMENT LOOK: Loisa Andalio, Ronnie Alonte unwind in Amanpulo for 3rd anniversary BSP sees higher prices in November, but expects stronger peso, low rice costs to put up fight Fire hits houses in Mandaluyong City Kammuri turning to super typhoon less likely but possible — Pagasa View commentslast_img read more

Ahead of National Games, Jharkhand swimmers practise on floor

first_imgThe Jharkhand government, which has been boasting of developing state-of-the-art infrastructure to host the 34th National Games, has failed to provide a pool to its swimmers or ammunition to the shooters to allow them to practise even as the event is just a few days away. The preparation of the state’s swimming team has been reduced to an absolute joke as the athletes are practising the sport inside a flat, instead of splashing in a swimming pool. These swimmers can be spotted practising on the floor of the ground of the flat where they have been undergoing a training camp imitating the moves of different styles of swimming. Ironically, more than half of the 40-member contingent has not even seen a swimming pool so far. The state’s swimming coach cited lack of pools in the city to train the swimmers, while the players said the so-called training camp has left them demoralised. They ruled out the possibility of a medal in the event. Shooters practise ‘dry fire’The condition of state’s shooters has been no different. They have been practising for the event without any ammunition. The shooting coach has been trying his best to keep his players in high spirits by shooting blanks. He offered “dry fire” to the participants on a makeshift target put on the ground in a bizarre manner. From the state of preparation in the state, it seems that the National Games have been relegated to a point where no one seems interested and facilities and infrastructure offered to athletes have been shockingly abysmal. However, ignoring the truth, Indian Olympic Association (IOA) president Suresh Kalmadi said, “The National Games are going to be held from February 12 to 26. I have seen the preparation. They have prepared world-class infrastructure for the Games.” Reacting to the report, Union Sports Minister Ajay Maken said the situation could have been avoided by offering players the facilities created for the National Games.advertisementlast_img read more

10 months agoEx-Man City chief Cook making new move for Newcastle

first_imgTagsTransfersAbout the authorPaul VegasShare the loveHave your say Ex-Man City chief Cook making new move for Newcastleby Paul Vegas10 months agoSend to a friendShare the loveFormer Manchester City chief executive Garry Cook is involved in another consortium seeking to buyout Newcastle United owner Mike Ashley.The Mirror says Cook is now fronting a bid to buy the Tyneside giants, with Ashley looking to bank £300million from the sale.Cook was the Manchester City chief executive who sold Sheikh Mansour a Premier League back in the summer of 2009.Mansour had also registered an interest in buying Newcastle from Ashley.But the Arab prince was sold on the idea presented to him in a Power Point presentation made by Cook. last_img

10 months agoWATCH: Cesc Fabregas in tears for Chelsea farewell

first_imgWATCH: Cesc Fabregas in tears for Chelsea farewellby Paul Vegas10 months agoSend to a friendShare the loveChelsea midfielder Cesc Fabregas was in tears at the end of their FA Cup triumph over Nottingham Forest.The Spaniard is expected to leave the Blues in the coming days and join up with Thierry Henry’s AS Monaco, in what will be a reunion with his former Arsenal captain.Fabregas has just five months remaining on his Chelsea contract and would have been required to take a significant pay-cut to his £160,000-a-week salary to have stayed at Stamford Bridge.He was named captain for what will be his final game, a 2-0 win over Nottingham Forest in the FA Cup third round. The occasion was somewhat soured after he missed a penalty in the opening 45 minutes.Cesc Fábregas’s emotional farewell to Stamford Bridge today after 500 games in English football. What a player.Thanks you, Cesc. pic.twitter.com/JTdIqnmoUG— Football Tweet (@Football__Tweet) January 5, 2019 TagsTransfersAbout the authorPaul VegasShare the loveHave your saylast_img read more

10 months ago​Hudson-Odoi best youngster I’ve seen at Chelsea – Rudiger

first_img​Hudson-Odoi best youngster I’ve seen at Chelsea – Rudigerby Ansser Sadiq10 months agoSend to a friendShare the loveChelsea defender Antonio Rudiger hopes the club can hold onto Callum Hudson-Odoi.The English youngster is wanted by Bayern Munich, while he has failed to get much game time this season at the Blues.But there is a clear feeling at Chelsea that he is a huge talent. And they would rather not lose him.”To be honest, of all the young players I have seen at Chelsea, he is the shooting star for me,” Rudiger said to reporters at Wembley after his side’s 1-0 loss to Tottenham. “He has all the tools to become a big player, but he has to work a lot. I think for him everything is going very well at the moment.”He is a young lad and has less pressure so he can show what he can do. He did very well and caused a lot of problems to them. “He is trying very hard. You have to because he is a young lad and is on his way forward to the next step so he needs to improve where he can.” About the authorAnsser SadiqShare the loveHave your saylast_img read more

9 months agoMan Utd boss Solskjaer: De Gea best in the world

first_imgMan Utd boss Solskjaer: De Gea best in the worldby Paul Vegas9 months agoSend to a friendShare the loveManchester United boss Ole Gunnar Solskjaer admits David De Gea’s performance earned them the 1-0 win at Tottenham.De Gea made a string of superb saves to make it a sixth consecutive win for Solskjaer since taking charge.The manager said, “[David was] fantastic. Obviously when you make 11 saves that is a top, top performance but then again I thought that one or two were really good saves and then the rest of them you would expect David to save. “He is the best goalkeeper in the world, I have said it many times. It is about positioning and concentration to be in the right position. Maybe one or two of them were uncatchable, but the saves he makes are because he is so in tune with the game. He is following the game, moving all the time. They don’t always look fantastic because he is in the right position.” About the authorPaul VegasShare the loveHave your saylast_img read more