Supreme Court caps property cancellation penalty to 10% of base price
In a landmark judgment the Supreme Court has said that the builders can now only deduct up to 10% of the base price for cancellations. A bench of Justice B R Gavai and S V N Bhatt said that the contractual terms which are one-sided, unfair and unreasonable can not be enforced and would constitute unfair trade practice. Unfortunately, the judgment has not been delivered against any small-time builder, but the corporate conglomerate Godrej Properties, which argued that it should be allowed to forfeit 20% of the amount as per agreement with the buyer. Track2Realty finds there are even larger questions that remained unanswered about builders’ arbitrary cancellations, forfeit of money and unfair contract.
