In furtherance to Part - I of the article, the authors shall
endeavour to outline some of the salient features of the Act of
2019 and how the same can be used for strengthening the protection
of consumer rights in India.
Salient features of the New Act (Cont.)
Unfair Contract
Courts, in consumer disputes, have often been called in to
adjudicate the validity and vires of a specific term of a contract,
on the touchstone of reasonableness and unfair disadvantage. The
Hon'ble Supreme Court in a catena of decisions especially in
relation to the real estate sector on innumerable occasions has set
aside unconscionable terms in a contract and interpreted them in
favor of the disadvantaged party, i.e. the consumer. However, in
the absence of specific guidelines and provisions to determine the
unfairness in a term of a contract, leaves them to judicial
interpretation and results in uncertainty of outcome for the
parties involved. A clear demarcation would therefore ensure
