Chinnmay
FORFEITURE OF BOOKING AMOUNT IS NOT ALLOWED.
Chinnmay Shah 12 Aug 2020

FORFEITURE OF BOOKING AMOUNT IS NOT ALLOWED.

Forfeiture of Booking Amount is not allowed:
MahaRera Appellate Tribunal order dated 29 June 2020 holding that forfeiture of booking amount is bad as the customers are forced to sign on one-sided clauses. Relying on SC judgement in Pioneer Land and Infrastructure Vs. Govindan Raghavan in Civil Appeal No.72238 of 2O78 decided on 2nd April 2019 by Supreme Court, directions to refund the booking amount of Rs.6.95 lacs towards 5 % flat value.

This judgement now mandates that one-sided clauses used to forfeit booking amounts will not be upheld by courts. Presumption of unfair negotiation and one-sided clause.


Another pro-consumer and testing time for the developer.

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