Unfair Trade Practices

Supreme Court rules on the validity of offer of possession without Completion Certificate in Consumer Dispute: Dharmendra Sharma vs. Agra Development Authority (2024) INSC 667 (06 September 2024)

/ Completion Certificate, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 24A, Deficiency in Service, Limitation Act, 1963, Limitation Act, 1963 with Section 18, Limitation Act, 1963 with Section 19, Real Estate (Regulation and Development) Act, 2016, Real Estate Law, Unfair Trade Practices, UP Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010

Supreme Court Clarifies Validity of Possession without Completion Certificate in Consumer Cases Date of the Judgment: 06 September 2024 Citation: (2024) INSC 667 Judges: Justice Vikram Nath and Justice Prasanna Bhalachandra Varale Can a builder offer possession of a flat without obtaining a completion certificate and firefighting clearance? The Supreme Court of India recently addressed […]

Supreme Court rules on the validity of offer of possession without Completion Certificate in Consumer Dispute: Dharmendra Sharma vs. Agra Development Authority (2024) INSC 667 (06 September 2024) Read Post »

Supreme Court Upholds Loan Agreement Terms: Rajesh Monga vs. HDFC (2024)

/ Binding Nature of Contracts, Consumer Protection Act, 2019, Consumer Protection Law, Contract Law, Contract Law with Clause 2.2(a), Interpretation of Contracts, Unfair Trade Practices

Supreme Court Upholds Loan Agreement Terms: Rajesh Monga vs. HDFC (2024) LEGAL ISSUE: Whether a lender can alter interest rates based on its own prime lending rate, despite initial assurances linking it to the Reserve Bank of India’s (RBI) rate. CASE TYPE: Consumer Case Name: Rajesh Monga vs. Housing Development Finance Corporation Limited & Ors.

Supreme Court Upholds Loan Agreement Terms: Rajesh Monga vs. HDFC (2024) Read Post »

Supreme Court Upholds Consumer Rights: Dealer Must Provide New Car, Not Used One in Consumer Dispute (8 September 2022)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 21, Consumer Rights, Judges, Krishna Murari, M. R. Shah, Unfair Trade Practices

Supreme Court Upholds Consumer Rights: Dealer Must Provide New Car, Not Used One Date of the Judgment: 8 September 2022 Citation: Civil Appeal No. 5928 of 2022 Judges: M. R. Shah, J., Krishna Murari, J. Can a car dealer deliver a used “demo” car to a customer who paid for a new one? The Supreme

Supreme Court Upholds Consumer Rights: Dealer Must Provide New Car, Not Used One in Consumer Dispute (8 September 2022) Read Post »

Supreme Court Upholds MRTP Commission’s Decision on Unfair Trade Practices in Real Estate: B.B. Patel vs. DLF Universal Ltd. (25 January 2022)

/ B.R. Gavai, B.V. Nagarathna, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(r), Consumer Rights, Contract Law, Judges, L. Nageswara Rao, Monopolies and Restrictive Trade Practices Act, 1969, Monopolies and Restrictive Trade Practices Act, 1969 with Section 36A, Monopolies and Restrictive Trade Practices Act, 1969 with Section 36B, Unconscionable Contracts, Unfair Trade Practices

Supreme Court Upholds MRTP Commission’s Decision on Unfair Trade Practices in Real Estate: B.B. Patel vs. DLF Universal Ltd. (25 January 2022) Date of the Judgment: 25 January 2022 Citation: Civil Appeal No. 1106 of 2009 Judges: L. Nageswara Rao, J., B.R. Gavai, J., B.V. Nagarathna, J. Can a real estate developer be held liable

Supreme Court Upholds MRTP Commission’s Decision on Unfair Trade Practices in Real Estate: B.B. Patel vs. DLF Universal Ltd. (25 January 2022) Read Post »

Supreme Court Upholds MRTP Commission’s Decision on Unfair Trade Practices in Real Estate: B.B. Patel vs. DLF Universal Ltd. (25 January 2022)

/ B.R. Gavai, B.V. Nagarathna, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(r), Contract Law, Indian Contract Act, 1872, Judges, L. Nageswara Rao, Monopolies and Restrictive Trade Practices Act, 1969, Monopolies and Restrictive Trade Practices Act, 1969 with Section 36A, Unfair Trade Practices

Supreme Court Upholds MRTP Commission’s Decision on Unfair Trade Practices in Real Estate: B.B. Patel vs. DLF Universal Ltd. (2022) Date of the Judgment: 25 January 2022 Citation: 2022 INSC 912 Judges: L. Nageswara Rao, J., B.R. Gavai, J., B.V. Nagarathna, J. (authored by L. Nageswara Rao, J.) Can a real estate developer be held

Supreme Court Upholds MRTP Commission’s Decision on Unfair Trade Practices in Real Estate: B.B. Patel vs. DLF Universal Ltd. (25 January 2022) Read Post »

Supreme Court Upholds MRTP Commission Order in DLF Housing Dispute: B.B. Patel & Ors. vs. DLF Universal Ltd. (25 January 2022)

/ B.R. Gavai, B.V. Nagarathna, Breach of contract, Contract Law, Judges, L. Nageswara Rao, Monopolies and Restrictive Trade Practices Act, 1969, Monopolies and Restrictive Trade Practices Act, 1969 with Section 36A, Unconscionable Contract, Unfair Trade Practices

Supreme Court Upholds MRTP Commission Order in DLF Housing Dispute: B.B. Patel & Ors. vs. DLF Universal Ltd. (2022) LEGAL ISSUE: Whether a delay in handing over possession of apartments and the imposition of extra charges by a builder constitutes an unfair trade practice under the Monopolies and Restrictive Trade Practices Act, 1969. CASE TYPE:

Supreme Court Upholds MRTP Commission Order in DLF Housing Dispute: B.B. Patel & Ors. vs. DLF Universal Ltd. (25 January 2022) Read Post »

Supreme Court Modifies Compensation in Housing Delay Case: NBCC vs. Shri Ram Trivedi (2021)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(o), Consumer Protection Act, 1986 with Section 2(1)(r), Contract Law, Dhananjaya Y Chandrachud, Judges, M R Shah, Standard Form Contracts, Unfair Trade Practices

Supreme Court Modifies Compensation in Housing Delay Case: NBCC vs. Shri Ram Trivedi (2021) LEGAL ISSUE: Whether a builder’s commitment to “endeavour” to complete construction within a specific timeframe constitutes a binding obligation, and what is the appropriate compensation for delays in handing over possession of a dwelling unit. CASE TYPE: Consumer Case Name: NBCC

Supreme Court Modifies Compensation in Housing Delay Case: NBCC vs. Shri Ram Trivedi (2021) Read Post »

Supreme Court Rules on Delay in Apartment Possession: IREO Grace Realtech Pvt. Ltd. vs. Abhishek Khanna & Others (2021)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 14, Consumer Protection Act, 1986 with Section 2(1)(r), Dhananjaya Y Chandrachud, Haryana Fire Safety Act, 2009, Haryana Fire Safety Act, 2009 with Section 15, Indira Banerjee, Indu Malhotra, Judges, Unfair Trade Practices

Supreme Court Rules on Delay in Apartment Possession: IREO Grace Realtech Pvt. Ltd. vs. Abhishek Khanna & Others (2021) LEGAL ISSUE: Determination of the date for calculating the deadline for handing over possession of an apartment, and the enforceability of one-sided contractual terms in apartment buyer agreements. CASE TYPE: Consumer Protection Case Name: IREO Grace

Supreme Court Rules on Delay in Apartment Possession: IREO Grace Realtech Pvt. Ltd. vs. Abhishek Khanna & Others (2021) Read Post »

Supreme Court on Unfair Terms in Apartment Buyer Agreements: Pioneer Urban Land vs. Govindan Raghavan (2019)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(o), Consumer Protection Act, 1986 with Section 2(r), Contract Law, Indu Malhotra, Judges, One-Sided Contracts, Uday Umesh Lalit, Unfair Contract Terms, Unfair Trade Practices

Supreme Court on Unfair Terms in Apartment Buyer Agreements: Pioneer Urban Land vs. Govindan Raghavan (2019) LEGAL ISSUE: Whether clauses in an Apartment Buyer’s Agreement are binding if they are one-sided and unfair. CASE TYPE: Consumer Protection Case Name: Pioneer Urban Land & Infrastructure Ltd. vs. Govindan Raghavan Judgment Date: April 2, 2019 Introduction Date

Supreme Court on Unfair Terms in Apartment Buyer Agreements: Pioneer Urban Land vs. Govindan Raghavan (2019) Read Post »

Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019)

/ Breach of contract, Competition Act, 2002 with Section 53T, Competition Law, Contract Law, Judges, L. Nageswara Rao, Monopolies and Restrictive Trade Practices Act, 1969 with Section 55, Ranjan Gogoi, Sanjiv Khanna, Specific Performance, Unfair Trade Practices

Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019) LEGAL ISSUE: Whether a seller can forfeit the earnest money when a buyer defaults on payments in a property sale agreement. CASE TYPE: Real Estate/Property Law, Competition Law Case Name: Sudha Gupta vs. DLF Ltd. Judgment Date: 7th

Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019) Read Post »

Supreme Court Directs Further Inquiry on Compensation in Unfair Trade Practice Case: Dr. Manjeet Kaur Monga vs. K.L. Suneja & Ors. (2017) INSC 640 (18 July 2017)

/ Compensation, Judges, Kurian Joseph, R. Banumathi, The Monopolies and Restrictive Trade Practices Act, 1969, The Monopolies and Restrictive Trade Practices Act, 1969 with Section 12B, Unfair Trade Practices

Date of the Judgment: 18 July 2017 Citation: (2017) INSC 640 Judges: Hon’ble Mr. Justice Kurian Joseph and Hon’ble Mrs. Justice R. Banumathi. This was a division bench. The majority opinion was authored by Justice Kurian Joseph. Can a builder be liable for interest on a refund amount when the payment was made but not

Supreme Court Directs Further Inquiry on Compensation in Unfair Trade Practice Case: Dr. Manjeet Kaur Monga vs. K.L. Suneja & Ors. (2017) INSC 640 (18 July 2017) Read Post »

Scroll to Top