The National Consumer Disputes Redressal Commission (NCDRC) in SHEO PRAKASH GUPTA & ANR vs KANPUR DEVELOPMENT AUTHORITY, said that 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.
The commission made this observation while dealing with an appeal against the state commission dismissing their complaints against the builders.
The complaint was regarding unfair trade practice and deficiency in service by the Kanpur Development Authority in keeping the huge amount for more than a year and refunding it without interest.
Article referred: http://www.livelaw.in/builder-buyer-agreements-often-favours-builders-interest-ncdrc-read-order/
The commission made this observation while dealing with an appeal against the state commission dismissing their complaints against the builders.
The complaint was regarding unfair trade practice and deficiency in service by the Kanpur Development Authority in keeping the huge amount for more than a year and refunding it without interest.
Article referred: http://www.livelaw.in/builder-buyer-agreements-often-favours-builders-interest-ncdrc-read-order/
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