37. However, the cases of the eleven buyers who have entered into concrete transactions with the developers must be separated. In the case of these 11 individuals, we believe it would be appropriate for their cases to be excluded from the scope of this decision. These eleven homebuyers, who have completed some billing work, would only be appropriate and reasonable if they were held back on the terms of the bargain. We are not inclined to accept the assertion of the complainant`s learned counsel, Mr. Prashant Bhushan, that the settlement act was carried out under coercion or inappropriate influence, as no specific document was recorded to prove the same thing. The main reason for the buyers` attitude is that “delays on the part of the developer in the handover of the property postpone the date when buyers receive a home.” (ix) Section 23, point b), authorizes the developer to charge homebuyers for electricity. At first, BESCOM provided an electrical connection, but as a large load was required, the developer was allowed to build its own substation. These were built at a price of Rs 18.01, for which the proportional costs could be attributed to homebuyers in accordance with point 23 (b); And nine home buyers representing the entire group of home buyers in the project filed consumer complaints with NCDRC. The complaint indicated the developer`s infringement of the surrender of the property, in accordance with the AFS. In its recent decision, the Supreme Court addressed the issue of the arbitrary provisions of the contractor contract and declared it an unfair business practice under the Act. The Supreme Court analyzed the agreement and compared the options available to the owner and the purchaser with respect to the right of withdrawal/termination, the interest rate and the amount of the refund. The Court found that there were great inconsistencies between the two parties and that it did not hesitate to hold the agreement unilaterally, and the buyer was invited to sign on the polka dot lines! 31.
Dhanda does not impose an absolute embargo on the awarding of compensation beyond the rate set out in the housing purchase agreement if the surrender of the property has been delayed.