Case 1

Jan 03 2019

An agreement is meeting of minds even without legal obligations. The Agreement is a form of contract relating to offer, acceptance, consideration, time schedule, clarity of title and as to essence of time . The allotment letter incidentally is couched in such a fashion to incorporate all requisite terms. Hence, Letter of Allotment will not scuttle the rights of allottees.

In the instant case, nothing was left to be negotiated.Terms of Allotment Letter were read and understood . It was a concluded bargain. Further, it was held that the Allottees would not fail for want of Agreement for Sale and the complaints are maintainable.

The Order passed on 29thDecember , 2017 was set aside and remanded back to the Adjudicating Officer , to be decided on fresh merits. The Respondent was directed to pay the cost of Rs.15,000 each to the Complainant – allottees.

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