Can consumer court declare the agreement voide

If the consumer court has decided on parameters for agreement the same are to be followed.

If the builder has drafted an agreement subsequent to the date of judgment/on a date after the certified copy of decision has been supplied to builder and agreement bears the date the aggrieved has a reason to approach the same forum.

It is felt that a notice can be issued to builder cautioning the agreement defies the decision of the forum and can not be accepted and to prepare agreement in line with decision of the forum and supply it (by redg/speed post) within the time/date set by the forum.

Valuable advice of learned experts/members is sought.

Inherent Power of the Court to Grant Restitution

The Expression “restitution” has not been defined in the Code of Civil Procedure, but it is “an act of restoring a thing to its proper owner”. [1] In other words, restitution means restoring to a party the benefit which the other party has received under a decree subsequently held to be wrong.[2]

In law the term ‘restitution’ is used in three senses: (i) return or restoration of some specific thing to its rightful owner or status; (ii) compensation for benefits derived from a wrong done to another; (iii) compensation or reparation for the loss caused to another.[3]

Inherent Power Of The Court To Grant Restitution
Section 144 of the Code of Civil Procedure is not the fountain source of restitution, it is rather a statutory recognition of a pre-existing rule of justice, equity and fair play. The jurisdiction to make restitution is inherent in every court and can be exercised whenever justice of the case demands.[7]

Even if a case is not come under the section 144 of the CPC, s. 151 gives an inherent right to the courts to grant restitution in order to dispense justice to the parties. It is not necessary that if the case is not covered under the specified provision then no restitution can be granted it is inherent in the courts to grant restitution for meeting