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Earnest Money Forfeiture – Contractual Obligations – One-Sided Agreements – Consumer Protection

Forfeiture Clause – Valid But Limited to 10% of BSP – Contractual forfeiture of 20% BSP was excessive – Courts can interfere with unfair and one...

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National Consumer Disputes Redressal Commission Allows Consumer Complaint Against Builder for Delayed Possession and Failure to Obtain Occupation Certificate -- Opp. Parties Project Found Deficient in Service Under Consumer Protection Act

The National Consumer Disputes Redressal Commission disposed of two consumer complaints filed by complainants against Opp. Parties. The Complainants h...

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National Consumer Disputes Redressal Commission Orders Refund to Homebuyer in Vatika India Next Project - Consumer Protection Act Applies to Plot Allotment Despite Arbitration Clause - Deficiency in Service Established for Delayed Possession

The National Consumer Disputes Redressal Commission allowed a consumer complaint filed by Complainant( s) against Opp.Party(s) for deficiency in servi...

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"Bombay High Court Quashes Eviction Decree: Tenant’s Non-Payment Claim Invalidated Due to Absence of Valid Notice" "Landlord’s eviction suit dismissed for failure to comply with procedural demand notice requirements under Maharashtra Rent Control Act."

The eviction decree passed by the Trial Court and upheld by the Appellate Court was set aside due to: Lack of a valid demand notice as required und...

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"Fraud Vitiates Contracts: Bombay High Court Upholds Termination Over Forged Bank Guarantees." "Integrity in public contracts remains paramount—fraud nullifies all claims."

The Bombay High Court dismissed the writ petition filed by Petitioner challenging the termination of its railway contract. The court held that the sub...

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Supreme Court Upholds High Court Order: IDBI Bank's Cancellation of Auction Sale Declared Invalid. Appellant-Bank cannot withhold the sale certificate without proper justification; the auction purchaser's non-deposit of balance sale consideration not considered default.

The Supreme Court dismissed IDBI Bank's appeals, holding that the bank was unjustified in canceling the auction sale of a property in Bogaram village,...

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High Court Refers Commercial Dispute to Arbitration After Ex-parte Decree Set Aside. Arbitration clause invoked after setting aside ex-parte decree in commercial property dispute.

The Bombay High Court has ruled that a commercial dispute between RBL Bank Ltd. and the respondents should be referred to arbitration under Section 8 ...

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Bombay High Court Grants Pensionary Relief to Compulsorily Retired Government Employee. Despite forfeiture of past service, the court orders pension and gratuity in light of the employee's 16 years of service.

The Bombay High Court ruled that despite the imposition of a penalty of compulsory retirement and forfeiture of past service, the petitioner is entitl...

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Supreme Court Upholds NCDRC Order for Refund in Real Estate Dispute: Emphasizes Consumer Rights. Real Estate Developer Ordered to Refund Over ₹7 Crore with Interest; NCDRC's Decision on Consumer Status and Deficiency in Service Affirmed.

The Supreme Court dismissed an appeal by a real estate developer challenging the National Consumer Disputes Redressal Commission (NCDRC) order, which ...

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Supreme Court Directs Compensation for Delayed Possession in Fiesta Homes Project. The Supreme Court mandates compensation for homebuyers, correcting NCDRC's oversight of the construction agreement's possession date.

The appellants, along with proforma respondents, filed a complaint against the first respondent-builder for delay in handing over possession of flats ...