Supreme Court of India · 2006-11-24
Saurabh Prakash vs Dlf Universal Ltd
- Court
- Supreme Court of India
- Petitioner
- Saurabh Prakash
- Respondent
- Dlf Universal Ltd
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Dalveer Bhandari
Judgment text excerpt
The Supreme Court addressed the jurisdiction of the Monopolies and Restrictive Trade Practices Commission in relation to contractual disputes arising from real estate agreements. The Court held that the forfeiture of earnest money as stipulated in the agreement is valid under the terms set forth in Clause 17 and Clause 8, emphasizing that the essence of the agreement lies in timely payments. The Court concluded that the respondent's inability to pay installments does not warrant a refund of the earnest money, thereby upholding the forfeiture clause.