 Good evening everyone. We all know that Justice Paramjeet Singh Dhaliwal, a former judge of Punjab and Netanyahu, who has also remained the State Consumer Commission Punjab as a president. His sessions, we have taken on all subjects, but since he has been closely associated with the consumer field, we keep on requesting him, and the most fascinating part is that his flair of communication with English, Punjabi and Hindi is equally at ease. Today's session, we thought, let's understand that we have always been reading day in and day out to the effect that their standard form contracts, which run into 40-50 pages, does the signature on that standard form contracts itself would construe that he has abided and agreed to go ahead with the same terms and conditions, or they are taken challenge, especially these aspects, come arising when there are issues in respect of medical negligence, with the colonizers and the insurance. To understand this fascinating subject of unfair terms and standard form contracts and what is the legal aspects, today's session would be focused on that, but stay tuned with us to have the deeper dive of this knowledge through Justice Paramjeet Singh Dhaliwal. Thank you, sir. Thank you. Good evening to all of the viewers. I am thankful to Mr. Vikas and often on he bring me before you for one reason or the other or some topic which are of recent, also necessary for the consumers, specifically builder-buyer issues, insurance issues, medical negligence, being a corporate setup now, charging excessive amount in all the transactions. So today we will be dealing with the, in general, the standard form of contracts, unfair terms in standard form of contracts, which is the crucial subject and has recently been added in the new Act of, Connumer Protection Act 2019, where in specific provisions have been added. Earlier there was no such provision in the Connumer Act. This has come into force from 20th of July 2020, and I will try to explain about this concept and its relevancy in consumer contracts, specifically the consumers, but first we will have to understand what is the meaning of standard form contracts. In how many, how many names have been given to the standard form contracts? Standard form contracts are contracts between the two parties where terms and conditions of the contracts are drafted by the one party and are accepted by the other party. These terms are generally non-negotiable and are in favor of the business houses or the builders, whatever you call, insurance companies, banks, etc. The various names given to this standard form contracts are boilerplate contracts, take it and leave it a diesel contract, contract the diesel in, this is called in France, or linoin contracts also. These are the various names given to the standard form of contracts. When we talk of this, apparently when there is a contract signed between the parties, the parties are bound by the terms and conditions, presumption is that this has been framed after negotiation, but the situation in the standard form contracts is altogether different. The potential of unconceivability, because the decisions are in such like contracts which are voluminous in nature, having 40, 50, 100 pages many times, I think when you look into the insurance contract, when you are taking insurance, life insurance or general insurance, you just sign the few papers and there are ifs and buts and exclusions classes existing there, which we never read. They are otherwise in a fine print, so it becomes necessary how to protect the consumers from these unfair terms and what are the complications they have to face. Law is well settled where the principle of the contra-preference is applicable. It means the party which is drafting the contracts, the terms are to be decided against him when there is an ambiguity, you know, all these cases. There is a legal debate on this subject. Can court interference in such contracts? So, so far this number of things we will have to consider while deciding such like issues, specifically, earlier it was an unfair trade practice as defined under the Connumer Protection Act 1986. Now, specific definitions have been given. The relevant sections are, firstly, the complaint itself, section 2, subsection 6, section 9, subsection 9, subsection 46. And the other sections are section 47, 1A, 2I, section 49, subsection 2. This relates to the state commissions and the section 58, subsection 1A, 2I and section 592 are the relevant provisions which have been specifically put wherever the, where in the definitions have been given and also authority has been provided to the state commission and national commissions where they can declare such contracts as null and void. It means the declaratory degree can also be passed by the state commission and the national commission where such like issue, when the issue is with regard to the validity of the contract and consequential terms which are unfair. If the unfair terms are to such an extent that they go to the root of the contract itself or the agreement which we are facing, then they will have to reject the entire contract and can be declared as null and void. In this aspect, when we were looking into these aspects, what are the important things which we will have to link? What the businesses say, they say that these are the contracts which have advantages both for the Connumer and the businesses. Firstly is the economic efficiency and cost saving. They say that the contracts are framed in such a manner and there is only unnecessary wastage of time when there are so many transactions in a day, this is not possible to negotiate every contract with the consumers. Second is greater certainty. For particular business, particular type of Connumer contract that in the shape of standard forms are there. So they will look into that and parties may be knowing about this and hearing from here and there and the other purchases like this. Thirdly, the uniformity in such like contracts. Fourthly, the easy altering of the contracts if need arises. On the other hand, when we look into the disadvantages which are affecting the rights of the Connumer, we are spoiled to look into the because the terms in the contract such like contracts are one sided and are favorable in favor of the business houses. The imposition of unfair terms results in various type of penalties, excessive charging of interest but on the other hand, when consumers, they are drafted by the legal professionals and experts, the terms and conditions mentioned in the contract itself are not understandable by the consumers. In addition to it, there is an issue of behavior with regard to reading of contracts. It is rarely seen that such like voluminous contracts can be read within 10 to 15 minutes or within half an hour. Second issue is with regard to the understanding of the terms which are mentioned therein. So I would like to deal with this in a precise manner. Firstly, the issue whether in real sense they are contract as are defined under the contract act. First issue is with regard to the consent. If contract is to be drafted, first layer should be understanding between both the parties. They should negotiate and mention. Then thereafter the contract is required to be typed. Here what you are seeing, what is faced by the consumer, what the bill is supposed to be, we take the instance of a builder. He will bring a contract booklet in the shape of booklet having 30 to 100 pages, maybe more, with the appendixes, indexes and so many other things including declarations. They asked to sign on the dotted lines or you have to decide within few minutes or maybe an hour or less than that. This is one issue which is the most crucial. If there is no proper consent and negotiation, then such a contract cannot otherwise be accepted as a contract which has been consciously entered into bit by the parties after looking into terms and conditions. In the equality of bargaining power, so far as the consumers are concerned, they are not in a position to bargain in such like contracts. They are bound to find such like contracts and such like contracts are to be accepted as it is. They have no chance to going through the various terms and conditions which results into unnecessary bargain to the business houses and the consumers or the sufferers. Inequality with regard to drafting. The drafting of such like contracts is done by the legal experts which have a full-fledged legal office and they consider these terms and conditions mentioned in such like contracts and thereafter draft those contracts which are many a time hyper-technical and the understanding of the common man in this regard is very less. They cannot understand. There is no provision that before entering into a contract, someone legal person should be there. That too is a neutral person. There is no such type of arrangement. Mr. Vikas, many of the audiences are saying that I am not audible. So it's audible. It may not be to some others but... Maybe he has not connected through his speaker. Shaikh, you will have to connect yourself first you exit and then you reconnect. Yes. Yes, yes. Some of the people may not be having so they should check their audio system. Whether they are properly they have unmuted it or something is there they should check. So even if we have an interaction session also no problem they can ask the question we will deal with it. Right. So then such like contracts which are volumes needed they are pre-prepared, prepared in advance and so it becomes very difficult for the consumers and they have to sign it. Because there is a social pressure also when you are accompanying a person going to a particular business house they also feel that I must sign it because this is a common practice going on. Another issue is with regard to no freedom of contract virtually. Freedom of contract and conscious the negotiation of terms are the fundamentals for the classic contracts which we generally entered and they are done after negotiating everything. Use of small prints is also one of the things which is mentioned in such like contracts which is not many a time visible to the naked eye but to talk of the naked wise even sometime with the magnifying glass we cannot read the terms which are virtually hidden and difficult to assess how they are affecting. Another is agreement restricting the legal remedies. In such like contracts conditions are put that the consumers cannot file a appeal where the arbitration clause such like things which may bar a party that specifically the consumers to go to the various type of courts or the consumer commission as if they are presently working. There may be there are many other procedural issues with regard to this. If we look into the contracts such contracts are overloaded with the information which is mentioned which is I have already told which is not understandable by the common and odd man of ordinary prudence for that reason. Another behavioural aspect is such as such contracts are rarely read by the parties because of these voluminous natures and another reason is even if they are reading then the issue rises with regard to assessing the full term for reception. Acceptance of the contract that is very very important. So resulting into adverse effect in the interest of the consumers and the sufferings they feel with regard to this. Now I will come to for instance builder buyer contracts. What are the terms which are generally found in such like contracts which are unfair? Firstly generally what a consumer knows about builder buyer contract? It is also voluminous running into 50, 30, 40, 50 pages may be more many a time with the natures attached to them. First is when they are entering the person consumer knows only three things. The area of the plot, plot number and the sale consideration at the most he may be knowing that the project will be completed in particular period. But when the ground realities are checked at this spot many conditions are put in which are unilateral. First is changing of the zoning plan unilaterally without giving any notice to the lotty. Suppose when a lotty opt for a plot what he does? He says that I am presaging a plot which is facing a park which is nearest to the commercial area. Subsequently all of a sudden that park is converted into commercial complex or some other type of construction is carried out which already varies the very purpose of this. Sometimes it happens that when you are getting a corner plot that particular road is also closed for connecting the various blocks of a particular building plan which are made like this. Locations are many a time locations are changed. Since the zoning plan is changed then the location is changed and the number of plots and the situation where this lotty was to be located that is also changed consequentially. There is another class which is generally there. When we talk of this parking area converted into a commercial area or any construction is carried out another block is raised there. Then the question of environmental issues is also rises. When a parking area which is a breathing place which is providing the ambience for that particular area are changed then it becomes difficult for a person that he has wrongly accepted this plot. So converting plots into park area into construction otherwise also is affecting firstly the vegetation area, consequential oxygen output which oxygen is being produced in the area by the trees and plants and other fragrance etc. These things are affected like this. Then when there is a delay in projects there is no compensation paid. But if there is a delay in payment of installments they charge an excessive interest penalty classes are added to it. But if there is a delay in the project nothing is done. But no compensation is reciprocal terms are missing in such like contracts. There is a specified period for three years that project will be completed. Many a time we have seen that this amount which has been paid by the lotty of a particular project are misused to other projects where they create their own another project. But this project remains incomplete for many years. Instead of three years it may take nine to ten years and maybe more. The general principle and the expectation of a consumer is that he want a roof over his head. That it should be provided within a limited time within a reasonable time so that he may pay there and enjoy the life. And the specifically in the fake and especially when the employers are there employees are there they opt when they are about to retire for such like situation. Otherwise they are staying in the government accommodations like which are provided then it become very difficult all of a sudden they have to go for rent. There is no provision if that is not provided then the party with the builder or the business houses they will provide the rent equivalent rent or the proportionate market rent available in the particular area where the plot are situated. These are these types of are the common. Then we come to the insurance contracts insurance contracts. We will take the question later on question we will take a later. Then we will we will look into this. Let me finish my lecture when the interaction section rise then you can raise question we will answer I will try to answer those questions. Suppose we are looking into the insurance contracts. Firstly nobody fills the complete form only some of the columns are filled by the agent which comes and he put the ticks are here and there in the boxes. Where many times such ticks are affecting the rights of the conumers. There are otherwise if said what's mentioned and the exclusion clauses are mentioned. The fundamental rule is if you have to exclude a person any exclusion clause to be used against a conumer then this must be got specifically signed and should be shown in bold. What happens contracts are coming in typed in English printed in English and in fine prints. Who is signing a rustic villager or a highly trained person putting their thumb impressions. Then they have accepted it. Where is the issue can he know the language. Why it can't be is there any authentication provided by a person that the person who explained the contents. When contact was started and how much time it was taken for signing that these are the issues which we find and resulting into. Reaction of the claims similarly the banks issues bank also you are mortgaging property. Now there are other scrutization provisions are there then they can sell your property once the mortgage it continue to be mortgaged multiplying multiple. The penalty in many ways and they are affecting that they may they are not looking into the ground reality. There may be reasons for delay in payment of installments banks do not wait. They are waving thousands and crores of rupees what are charging depriving the person of the house because there is a some delay in payments of installments. I came across a case while I was a judge of the high court in RSA. State Bank of Patela issue was there and loan was advanced by the bank to a class 4 employee. He he was regularly paying the installments all of a sudden he died because there is a provision in the loan. When the loan is there they are detecting some installment for insurance securing the loans insurance is always there. Still because the intimation was not provided but death is death. Death is certain once the person has been found to be dead. Then what inquiries you have been made you are charging the lady or the children's after six months. What is your regular why the installments have had anybody inquired about that. Then I happened to call the DGM of that bank and asked him provide the information how many loans have been written off. And whether you are in a position to recover it from the insurance company once you are deducting the premium out of the installments paid by this person. Have you checked that the why this insurance could could not be renewed it is your duty. When the installments are not paid and ultimately found to be the validity of the consumer contract. The insurance was even after the date of death. Validity was still existing but the man has died at least on the day when the insurance was to be expired. Only then they should have come and checked from that person that this these installments are also due and this is happening. Then they should have come about the entire situation and the situation like this are the common practice. In such like cases now if we look into the definition complaint section to subsection six. Now this word unfair contract has been mentioned. If we read this complaint means any allegation writing made by a complainant for obtaining any relief provided by your under this act that an unfair contract or unfair trade practice or restrictive trade has been adopted by the trader or the service provider. One this has been specifically added into it earlier it was unfair contract was not added. Then we come to the definition. We will read section subsection 46 unfair contract unfair contract means a contract between manufacturer or trader or service provider on one hand and the consumer on the other hand. Having such a route which cause significant changes in the rights of such consumer including the following. When we read this provision we have to look into the subsection nine also consumer rights because it talks of the rights of such consumer. So when we have to look into and frame our complaints and as a judge or the member of the fora when you are deciding to look into the definition of the consumer rights. And that provision had to be read with this. Now we see another section 47 one a and two I subject to the other provision of this act state commission shall have jurisdiction to entertain complaint that is the normal. Second is two eyes complaint against unfair contracts where the value of goods or the services provided. As consideration does not exceed two crore now earlier it was mentioned 10 crore now it is only two crore. Here means if we have to look into that if you are challenging the terms and conditions of a contract which has been entered into between the parties. Then the value starts from one rupees to two crore. Because this is an issue of validity of contract. Which can be decided under section 49 to 49 to says the declaration can be granted. By the commission without previous to the provision of section one state commission may also declare any term of the contract which shall be unfair. To any consumer to be null and void. If we accumulate effect of the entire terms and conditions which majority of the terms and conditions are found to be unfair. Then the ultimate result is that contract is to be declared null and void. This power has been specifically provided under the act which can be done. By the state commission. A identical provision is more than two crore amount is given to the national commission. The district commission has no power. In such cases for that reason. I will say that the jurisdiction of the state commission revival just repeating of the state commission commands. From the lowest value up to the highest value of commission that is two crore. That can be challenged in the state commission straight way instead of going the district commission. You cannot you are not required when you are challenging the terms being unfair in the contract. So complaint itself can be is maintainable before the state commission or the national commission subject to the consideration paid with regard to that issue. You will have to look into that aspect. So these are the terms. The so far I this national commission is concerned. The relevant sections are 58 and 59 58 subsection 1 sub further subsection 8 and 2 I and section 59 subsection 2. These are the relevant provisions for this. Now we will look into what we will go back again to the definition that is the section 46 or section 2 subsection 46. There is a list of unfair terms given in this but this is not an exhaustive list. Ultimately the court will decide looking into all the facts of that which are relevant and which also amount to 67 terms which are mentioned here. I am just requiring manifestly excessive security deposit to be given by the contractual obligations. When you are asking excessive security, it may be a bankruptcy or it may be otherwise security then its valuable consideration is required. It is a certainly a valuable consideration. What is the reciprocal arrangement? Will for that security if they are asking deployed 50 lakhs will they pay as any interest on that? If such excessive security are demanded and no reciprocal arrangement is there then it will be treated as a unfair term. This is my understanding so far a law is concerned. So second is imposing penalty on consumers for breach of contract which is wholly disproportionate. If one installment not paid the entire amount paid is to be forfeited. The circumstances are to be seen like this whether such a condition can be looked into. Is it not an unfair terms? These are to be considered in a wider perspective and whatever conditions I am not required to read all these six conditions but they can be multiplied and used in equitable manner which may not be disadvantage to the consumer as well as to the business houses. But the cumulative effect of the unfair terms should be seen whether it should be declared null and void or not. These are the some fundamentals which we can look into all this. Mr. Vikas we may continue or we may start interaction. Hello. We can wind up then we will take it in Punjabi and thereafter we will take questions. Okay. So I have tried to explain in English now I will have to I had reacted by Mr. Vikas. I will try to explain in Punjabi. Connumer Act section 2 which specifically section subsection 6 a definition has been given. It has been written that the contract has been defined against the right of the consumer. It will not be a part of the complaint. Now it can also be filed as a complaint. The second one is called Connumer Rights. Subsection 9 is called uptara 9. Section 2 has been defined against the right of the consumer. Section 2 is called uptara 6. This is not only a condition sufficient. Other conditions which are to be imagined and seen equitably keeping into the equity interest of both the business houses as well as the consumers. The reason for the complaint is to be seen in this. Now it has been defined as consumer rights. It has been defined as the definition of complaint. The state's consumer commission has been given a definition of it. If you have an agreement, if you have an insurance, if you have a bank loan, what is the right of the consumer? What is the right of the consumer? This can be seen in the case of the consumer. Now it has been defined as the definition of the consumer. Section 9 has been defined as the definition of the consumer. It can also be explained as the definition of the consumer. Ma'am, I have already explained in English. Now I am only giving Punjabi version. You may have come delayed, Ms. Sonia. Anyway, I am here to explain to you whatever you want. This is another issue. This amount is up to 2 crores. The state's consumer commission can file a complaint. The state's consumer commission can file a complaint. This is not the case with the state's and district's commission. This amount is up to 2 crores. The national commission can file a complaint. This is the same right and same provisions. This contract says that the business owner has to do thousands of transactions a day. He has to sell multiple transactions a day. He can't do this every day. This is why it is framed. The number of costs is also cut. The cost of the expenses is also cut. This is why it is framed. When you think about it, it is fine to see it first. But when you think about it, it is fixed. This is certain. This is what the state has said. All contracts can be filed a day. All contracts can be filed a day. You can change this. But this is what is being said. It is given on one side. Because the people who make this contract, they all have their own favour. The common contract, which is done by the business owner, is the opposite. When you have to go to a contract, you need to know what to do. You need to listen to the discussion. Then you have to sign the contract. That can be binding or not. The people who are on one side, those who are on the other side, first there was no contract. Some of the consideration were misrepresentation, fraud and other things. Section 29, etc. That is as relevant as the contract. But specifically, the number of contracts is added. That is why it is relevant. First of all, there is no consent. If you have 40-50 pages, you have to do 10 pages, you have to know 2-3 things. The second part is that you are not educated enough. If you are educated, you don't understand because you have written legal points, if you are a normal person, you are outside. Then there is only one side. The basic principle is conscious negotiation and freedom of contract is not there. You don't sign the contract and you don't sign the contract. All these things are there. Some things are written with a small print and a star. Those who can't understand, who can't see, who can't understand, how can't they see? Similarly, some rights can't be appealed or they can't go. If they have to do it, then we will have arbitration. We will have our own arbitrator. These are the things that are written. There are many types of procedural issues to create. The issue of common knowledge is very long. We have to see the procedural issues. In this case, we have our own cut. I have already spoken in English earlier. Now it is only the version of that. Those who are joined late, they can always watch the session on the YouTube. Justice Dhalibala has already spoken in English. He is just giving the gist in Punjabi. Since he comes from Punjab, people know that he has a flair with that. He is just giving a gist of what he has spoken already. The people who come to Punjab in the morning, whether they are a consumer or someone else, especially those who are in the background, it is very difficult to teach them for 100 to 10 minutes. Otherwise, if I experience it myself, the majority of the people who come to Punjab, they have never signed a contract with a bank. They don't even know what the amount is. They have never signed a contract with an insurance company. This is how it is built. All these things are known. How much money is spent? How much amount is spent? In fact, it gives security. The security is 5 crore. The loan is Rs. 50,000. The 5 crore is Rs. 50,000. All these terms are unfair. This is the situation. We don't have the habit of reading. We don't have the habit of reading. We don't have the information. We have loaded the money. Because they have set up all these things with legal experts. So I think this will be sufficient. Mr. Vikas. Yes, sir. Now you will take the question that will be in English. You tell me one by one. Every question will be taken. Yes. Sir, do you find any necessary changes which can be done in the legislation to mitigate such malpractice? I have suggested so many changes. But nobody cares. If you look into that, firstly, I have suggested, why can't it be at the district level? Such a provision because the person who is appointed as a president of the state commission, he is qualified to be appointed as a district judge. And his pay is also on the same. Firstly, this should also be done because basic issues should be sorted out at the district level. Why they should come to the state capital for this purpose? Where the state commissions are established? One thing. Secondly, procedure should be more solid. The definitions of unfair term should be exhaustive one. Many things can be added into it, which we have to infer from the circumstances. Instead, we have to satisfy. It is not sufficient that only few six terms have been mentioned and the rest are there. But still the courts are presuming and looking into the circumstances, all these things are being done. Thirdly, product liability issue. There is no provision for appeal against the order in case of product liability. There are many more in this case, which require this relook. Another thing, when we are asking for a contracts, such like standard form of contracts, there should be a some body, regulatory body, which should examine these contracts and the terms of the contract. Because if that is done by the independent body, the regulatory authority, then the numerous will be saved. They can look into the terms and their dues and misjuice and that can be examined. Only then that approved form, say for insurance also, for banking loans also, for builders also. And others also, wherever this type of forms are used, can be looked into for that person. Regarding that, this is a necessity so that consumer may not suffer an unnecessary litigation. It's also prevented in this manner. Many more, yes, that's all. So one question is, this is where Pradeep Kumar, he says that a party had booked an auditorium for the son's marriage. However, due to COVID, it was cancelled and that too it was informed prior in time. There were many of the conditions amongst them and one amongst them was if the auditorium could not be let out on the date on which it was reserved earlier, the money would not be refunded. The contract was signed by the party. Whether such a contract would hold good or not. Yes, that contract can be changed. This is an unfair contract because this is a wish measure, force measure, something has all of a sudden has happened. There was no intentional that is sufficiently he can approach the commission and they are bound to refund. Even otherwise, there is this courtesy demand that this is unnatural event has happened for one reason or the other. Then the most they can ask for some 5% or 10% of that, not the entire one. They are bound to refund it. They will have, I'm sure if such a case has before the commissions, conumer commissions specifically, take a lenient view regarding this and they will take into the force measure system which says that unnecessary things unnatural things are happening all of a sudden that four feature class is only implemented when there is a intentional non-compliance of the provisions where this has been unavoidable reasons this has happened then my opinion that is a good case. Yes. This is by Swapan Nandhi only gives suggestion he says law needs to suit as per the society need. Presently in the Indian society builders, insurance providers, bankers have a practice to put a cause for unfair practice. And that's why we have done the session Mr Swapan to have the insights as to how one can cut across the unfair clauses of standard formats. This is by Dr Naseema which he had posted Sir interpretation of clauses of standard form of contracts are as per normal rules of construction or any special rule this question is in the light of the fact that the consumer is always at receiving and in the bargain and there will be unequal freedom of bargaining powers between the two parties what remedies of the courts can extend in such conditions. These provisions are concerned now they have specifically mentioned. In section this 46 sub section 46 of section 2 they have defined certain terms then we can look into that and that can be examined from that point of view. Many judgments has come if the terms are unfair that we will have to look into the facts and circumstances of each case whether this is a equitable term or a unfair terms we will have to look into from that angle specifically with reference to sub section 46 of the section 2 of the consumer protection act which has given 6 conditions these are specified that unreasonable charges obligation conditions which put such consumers to disadvantage these are all factor to be taken into consideration including not only this that that behavior aspects can also be taken into that aspects whether the consumer have read it or not these are the consumer protections being a consumer protection act being a benevolent and beneficial for the consumers so its liberal approach should be applied then if you look into the sub section 9, consumer rights it directs the commissions read 9 this class I think 3, right to be sure whenever wherever possible assess to the variety of goods and products right to be heard and to be sure that consumers in trust do consideration and appropriate fora it is a pointer that they should approach take a liberal approach that too in favor of the consumers another principle contra preference is the principle where the standard form contracts are there if there is any ambiguity any party can point out ambiguity in standard form contracts the benefit will go to the consumer not to the business this is a settled principle of law yes sir so another question is he he says that as to whether our law is again to what is as for the international standards because there are many deficiencies we have amended the law after more than 36 years if I earlier it was in 86 on a 86 now it is there has been made in 20s so many years have left for that purpose almost 14 years plus 20 years 34 years our laws are not as per the standards this is not just possible for the standards international standards if we cut paste from the international as per the international the numerous laws then it is not possible because we will have to look into the conditions of every country it depends upon the country what are the situation what are the level of their reading here the people are different we are some are very poor some are above poverty lens some are high class so law is not possible law will be as per the uniform standard international standard is not possible at all we try to make it but what are the beneficial laws that can be taken and added to the provisions of Indian enactments thank you sir for sharing your knowledge and we are indebted for the knowledge you have shared I will ask these and request these audience they can read section 23 of the Indian contract act along with the judgment of gojana understand the unfair practice etc and thank you sir for sharing your knowledge thank you recently I have 2-3 judgment I was looking here these are also with regard to the unfair the I will just name the few I have also dealt with so far the builder buyer is concerned in the case of Gorshan versus Madhvi Sinha this is Panjab and Panjab state consumer commission judgment of 21 Gorshan and Sinha and Madhvi Sinha the recent supreme court judgments also mention about that there are so many judgments the one judgment is pexo marketing private limited versus Tata AIG general insurance and other judgment is Sunil Sica versus masses promoters and developers private limited there are many other judgments also on this where this even the supreme court unfair trade practice has been applied while interpreting the terms now that that point of time no contract unfair terms were defined the supreme court has implied unfair trade practice and has termed these conditions as unfair and given the benefit to the consumers thank you sir