work was caused not due to any fault on their part, Force Majeure Clause as incorporated in Clause 12 of the said agreement applies ... submitted that the development has been completed and due to Force Majeure Clause OP did not complete the development work because of Clause
work was caused not due to any fault on their part, Force Majeure Clause as incorporated in Clause 12 of the said agreement applies ... submitted that the development has been completed and due to Force Majeure Clause. OP did not complete the development work because of Clause
before 07.02.2007, yet as per Clause 4 of the allotment letter, the same was
subject to force majeure clause. It was
further stated that ... delayed, and, as such, the
appellant was entitled to invoke force majeure clause, contained in the
allotment letter, for extension of time for the construction
held responsible for the delay in the flights. As per
the Force Majeure Clause, opposite party No.1 cannot be held liable
for any damages ... deficiency in service on the part of opposite party No.1.
Force majeure clause is applicable in the present case and relied
First Appeal
delayed due to the farmers agitation and has relied on the Force
Majeure Clause of the Agreement which has been reproduced below
for ready reference ... Majeure Clause:- That the ALLOTTEE
agrees that the sale of the 'PLOT'/'PLOT's is subject to
force majeure clause which
control of the Opposite party and hence
have invoked the force majeure clause ; (f) that the Complainant has
CC 371/2016 Page ... reasons beyond their control and has relied on the Force
Majeure Clause of the Arrangement which has been reproduced
below for ready reference
force majeure
ADIT A-199-19 Page 7 of 11
clause. There is a the general mention of the force majeure clause
and the entitlement ... force majeure clause in connection to delay in
construction or delay in handing over the possession. The rescue of
force majeure clause in agreement between
construction and possession of flats in
different phases, were subject to Force Majeure clause (condition no. 34 of the agreement). It was further stated that ... circumstances, beyond the control of the OPs,
or due to force majeure clause contained
in the agreement, time could be extended. It is evident from
invoked the Force Majeure Clause. The
Circular dated 19.02.2020, Annexure R-12 is reproduced as under:
"Subject : Force Majeure Clause (FMC)
Attention is invited ... China or any other country will
be covered in the Force Majeure Clause (FMC). In this regard,
Consumer Complaint
facilities and amenities within 24 months and6 month grace period as force majeure clause.But the OPsvide their letterdated 24.06.2016 intimated the complainants to take ... produce any document in support of nine reasons under Article XVI (Force Majeure Clause). The plea taken by the OPs No. 1 & 2 that