Supreme Court of India
Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna & Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
9 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the allottees in ChartB are entitled to refund of the entire amount deposited by them. (iv) In so far as awardof compensation by payment of Interest is concerned, clause 13.4 of the Apartment Buyer’s Agreement provides that the Developer shall be liable to pay the allotte e compensation calculated @ Rs. 7.5 per sq. ft. of the Super Area for ever y month of delay, after the end of the Grace Period.
Judgment, page 57
From the headnote
Consumer Protection – Apartment Buyer’s Agreement – Unfair trade practice – Oppressive and one sided contractual terms – Held: The Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer’s Agreement – Incorporation of one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an u nfair trade practice u/s.2(1)(r) of CP Act, 1986 – Even under t he CP Act of 1986, the powers of the consumer fora were in no ma nner constrained to declare a contractual term as unfair or one-sided a s an incident of the
Authorities it was built on
- 2006 M/s Transcore v. Union of India and Anr.
- 1993 Lucknow Development Authority v. M.K. Gupta
- 2019 Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan
- 2018 M/s. Emaar Mgf Land Limited v. Aftab Singh
- 2012 M/s. National Seeds Corporation Ltd. v. M. Madhusudhan Reddy and Another
- 2003 The Secretary, Thirumurugan Co-operative Agricultural Credit Society v. M. Lalitha (dead) through Lrs. and Ors.
- 1998 P.R. Deshpande v. Maruti Balaram Haibatti
- 2005 National Insurance Company Ltd. v. Mastan and Anr.
- 2013 Virender Jain v. Alaknanda Cooperative Group Housing Society Limited and Others
- 1994 The Andhra Pradesh State Financial Corporation v. Gar Re-rolling Mills and Anr.
Where later benches applied it
- 2025 Godrej Projects Development Limited v. Anil Karlekar & Ors.
- 2024 Hongkong and Shanghai Banking Corp. Ltd. v. Awaz & Ors.
- 2023 M/s Suneja Towers Private Limited & Anr. v. Anita Merchant
- 2023 K C Cinema (correct Name K C Theatre) v. State of Jammu and Kashmir & Ors
- 2022 M/s Texco Marketing Pvt. Ltd. v. Tata Aig General Insurance Company Ltd. & Ors.
- 2022 Experion Developers Pvt. Ltd v. Sushma Ashok Shiroor
- 2022 Vodafone Idea Cellular Ltd. v. Ajay Kumar Agarwal
- 2022 B.B. Patel & Ors v. Dlf Universal Ltd
- 2022 M/s Ireo Private Limited v. Aloke Anand and Others
Of those, 2 referred to · 7 mentioned
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