38.6c New Delhi, India, Thursday, October 09, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

One-sided agreement can't be relied upon to forfeit beyond 10% of flat price on cancellation: SC [Read Judgment]

By Jhanak Sharma      06 February, 2025 05:40 PM      0 Comments
One sided agreement cant be relied upon to forfeit beyond 10 percent of flat price on cancellation SC

NEW DELHI: The Supreme Court has said that the real estate devlopers can't forfeit beyond 10 % of the basic sale price of a flat upon cancellation of the booking by the buyer, on the basis of terms of a one-sided agreement.

Supreme Court Ruling on Real Estate Cancellation and Forfeiture Limits

A bench of Justices B R Gavai and S V N Bhatti upheld October 25, 2022 judgment by the National Consumer Disputes Redressal Commission directing Godrej Projects Development Limited to refund the amount deposited by complainant Anil Karlekar and others for a flat in Gurgaon, only after deducting 10 % of the basic sale price.

The complainant-flat buyers booked the flat at 'Godrej Summit' in Gurgaon in 2014 at the basic sale price of Rs 1,70,81,400. They deposited Rs 51,12,310. However, in 2017, they sought refund of the money, after receiving a letter to take possession. The developer sought to forfeit 20 % the basic sale price, treated as earnest money, as per terms of the agreement, leading to a consumer complaint in the case.

Consumer Protection: SC Rejects One-Sided Developer Agreements in Flat Booking Disputes

In its judgment on appeal by the developer, the court rejected a contention by the developer that the NCDRC has grossly erred in interfering with the contractual terms of the agreement as entered into between the parties.

The developer submitted the agreement specifically provided for a forfeiture clause, so it was entitled to forfeit the entire earnest money, determined as 20% of the basic sale price.

The court, however, said that contractual terms which are ex facie one-sided, unfair and unreasonable would constitute unfair trade practice.

The courts will not enforce an unfair and unreasonable contract or such a clause in a contract, entered into between parties who are not equal in bargaining power, the bench said.

"The NCDRC, in a series of cases right from the year 2015, has held that 10% of the basic sale price is a reasonable amount which is liable to be forfeited as earnest money. We see no reason to upset the view consistently taken by the NCDRC," the bench said in its judgment on February 3, 2025.

After going through the terms of the agreement, the bench said those were "one-sided and totally tilted in favour of the developer".

The court specifically pointed out the agreement provided only a very meagre compensation to the flat buyer, if the developer does not comply with the timelines.

"Such one-sided agreements would be covered by the definition of term “unfair trade practice”, the bench said.

The court, however, opined the NCDRC was not justified in awarding 6% simple interest per annum from the date of payment till the date of realisation in the case.

It directed the developer to refund Rs 12,02,955 to the complainants within six weeks. The developer had already refunded Rs 22,01,215 at the instance of the court earlier, of Rs 51,12,310 deposited by the flat buyers.

The court found the flat buyers sought cancellation of the allotment due to sharp decline in the prices, and that a flat at a substantially lower price was available even in primary market.

"It is quite probable that the respondents would have utilised the money which was payable by them to the appellant for purchasing another property at a lower rate," the bench said.

[Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

pmla-appellate-tribunal-orders-immediate-release-of-seized-bmw-x7-in-hemant-soren-land-scam-case
Trending Crime, Police And Law
PMLA appellate tribunal orders immediate release of seized BMW X7 in Hemant Soren land scam case [Read Order]

PMLA tribunal orders ED to release seized BMW X7 in Hemant Soren land scam case, citing lack of proof linking the luxury car to money laundering.

08 October, 2025 08:06 PM
offence-under-category-of-upholding-family-prestige-sc-orders-release-of-man-on-remission
Trending Judiciary
'Offence under category of upholding family prestige,' SC orders release of man on remission [Read Judgment]

SC orders immediate release of life convict who served 22 years for a murder committed to uphold family honour, citing Maharashtra remission guidelines.

08 October, 2025 08:19 PM

TOP STORIES

allahabad-hc-refuses-interim-protection-to-sambhal-mosque-asks-petitioners-to-approach-appellate-court
Trending Judiciary
Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Allahabad High Court refused interim protection to Sambhal mosque, directing petitioners to seek remedy before the appellate court under UP Revenue Code.

06 October, 2025 04:48 PM
calling-off-marriage-after-courtship-not-a-crime-or-breach-of-promise-delhi-hc
Trending Judiciary
Calling Off Marriage After Courtship Not A Crime Or Breach Of Promise: Delhi HC [Read Order]

Delhi High Court grants bail, ruling that ending marriage plans after courtship is not a breach of promise or offence under false promise to marry.

06 October, 2025 05:03 PM
celebrating-bail-on-social-media-not-ground-for-cancellation-without-specific-threat-to-complainant-delhi-hc
Trending Judiciary
Celebrating Bail On Social Media Not Ground For Cancellation Without Specific Threat To Complainant: Delhi HC [Read Order]

Delhi HC rules that celebrating bail on social media isn’t grounds for cancellation unless a specific threat or intimidation is proven.

06 October, 2025 05:25 PM
woman-cannot-claim-maintenance-after-securing-rape-conviction-against-live-in-partner-jammu-and-kashmir-hc
Trending Judiciary
Woman Cannot Claim Maintenance After Securing Rape Conviction Against Live-In Partner: Jammu & Kashmir HC [Read Order]

J&K High Court held that a woman who secured a rape conviction against her live-in partner cannot claim maintenance under Section 125 CrPC.

06 October, 2025 06:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email