said unit.
2.
It
was further stated that the Flat Buyer Agreement dated 04.12.2008, Annexure C-6,
was executed amongst the parties. As per
Clause ... flat, according to the payment plan, as admitted by the
Opposite Parties. Clause 9(a) of
the the Flat Buyer Agreement dated
04.12.2008, Annexure
allottee/buyer also.
Hence, this Clause is unilateral and unfair.
b) Clause 19(b) of the Flat Buyer's Agreement, Ex.C-3,
provides ... consumer/buyer are liable to be set aside.
d) Clause 20(b) of the Flat Buyer's Agreement provides
that in case the purchaser
cost of the flat, car parking charges and free hold conversion charges. The
(12)
opposite party as per flat buyer agreement has credited all delay ... changed at the instance of the buyer. It is further submitted herein that the respective flat buyer agreement contains all the terms and conditions pertaining
under the agreement, referred to hereinafter.
3. The parties entered into the following agreements, all dated 27th July
2015:
(i) 'Flat Buyer Agreement ... time of booking a flat with Sunworld, took
out a loan from ICICI, wherein along with the Flat Buyer Agreement, the
Allottees also entered into
approx. Rs. 2.5 crores from the flat buyers. It is
submitted that the flat buyers having paid to the defendant the cost of
land, have ... alleged payment made by the individual flat buyers was in
terms of Clause 3 of the Flat Buyers Agreement and not towards the land
buyer agreement, which the Builder
executed with various flat buyers. The clauses of this flat buyer agreement
provide:
That the L&DO charges, house ... other municipal taxes were to
be borne by the flat buyers;
That the flat buyers were to abide by all the rules and regulations,
laws
company along with the abovesaid Flat Buyer‟s
Agreement also entered into Agreement dated 03.12.2015 ("Second
Agreement") wherein the defendant agreed to complete ... Property. Declarations from the side
of the Buyer as made in the said Flat Buyer's Agreement shall have no
relevance in presence
case of delay of possession of the flat as per clause 10(c) of the flat buyer agreement entered into by both parties, the liability ... offered for fit outs in respect of the flat. Why fits out? As per flat buyer agreement the possession was to be heard over
delivery of possession of the flat was for reasons beyond the control of the Flat Buyer Agreement. The complainant was at all times informed that ... delivery of possession of a flat within three years from the date of allotment order or Flat Buyer Agreement. We have perused the present case
signing of this agreement the buyer has paid Rs.243,000/- as mentioned in the flat buyer agreement. Clause 9 of this flat buyer agreement ... thereafter and he got transferred the said flat from the first purchaser. The second flat buyer agreement the flat buyer agreement was duly executed between
