In adverting to the facts of this case, NCDRC was justified in taking the view that the condition in the allotment of payment of compensation @ Rs 2 per square foot is one-sided and constitutes an unfair trade practice. The letter of allotment is in a standard form. The purchaser has no option but to sign on the dotted line. On the other hand, Under Clause 16, as noted by NCDRC, if the buyer were to delay in the payment of any installment, liability to pay simple interest @ 12% p.a. is attracted. Clause 20, in other words, is not even-handed. While, on the one hand, it contemplates only compensation @ Rs 2 per square foot in the event that there is a delay on the part of the appellant, the buyer is required to pay a substantially higher rate of interest (12%) for any delayed payment on his part. Para 11
Held, such condition is one-sided and constitutes unfair trade practice.
(2021) 5 SCC 273- NBCC (India ) Limited vs. Shri Ram Trivedi