The
Delhi High Court on Tuesday issued notice to a real estate firm on pleas by
former India cricketer Yuvraj Singh seeking invocation of arbitration laws over
alleged violation of his privacy rights in promotion of construction projects
and for delayed delivery of a dwelling unit to him in the national capital.
Justice
C Hari Shankar sought the response of Brilliant Etoile Private Limited on the
two pleas by Singh for appointment of an arbitrator to hear and adjudicate the
disputes between him and the builder.
The high court listed them for further hearing on
August 5.
In
one of the pleas filed through advocate Rizwan, the cricketer said a sale
agreement was executed between him and his mother on one side and the builder
on the other for the purchase of an apartment for over Rs 14 crore in the real
estate project initiated by Brilliant Etoile Pvt Ltd in Hauz Khas under the name
'Sky Mansion' and displaying the name 'Risland'.
In
the other plea, he said a Memorandum of Understanding was executed between him
and the builder for the purpose of promotion, endorsement and marketing of the
real estate project.
However,
the builder allegedly acted in breach of the terms of the MoU and the agreement
on delivery of possession of the apartment, the pleas claimed.
Pursuant
to the receipt of the possession letter the petitioners inspected the apartment
and to utter shock and dismay of the petitioners, the same was found to be in
complete disregard of the standards of quality, grade, specifications and
finishing promised at the time of execution of the agreement.
"It
is submitted that the respondent compromised on the quality of material used
and down-graded the quality of fittings, furnishings, lighting and finishing of
the apartment. The same fails to match the standard attributed to the sample
displayed and promised to the petitioners in terms of the agreement, the
petitions said.
According
to the MoU, the cricketer was to promote and endorse the project and the MoU
expired on November 23, 2023. He is aggrieved by the alleged continued
commercial use of the services provided by him, including the use of his
photographs on billboards, project site, social media posts, and articles
despite the expiry of the MoU, it said.
The
former India all-rounder said the alleged continued use of his image and others
was in complete violation of his copyright, personality rights, and right to
publicity enshrined under the laws and protected as his intellectual property
rights.