Dlf Universal Ltd vs Ekta Seth & Anr

The Supreme Court upheld the findings of the Monopolies and Restrictive Trade Practices Commission, stating that the appellant's action of forfeiting earnest money due to non-payment of increased costs constituted an unfair trade practice under Section 12-B of the Monopolies and Restrictive Trade Practices Act, 1969. The Court held that the appellant could not forfeit the earnest money as they failed to deliver the flat within the stipulated time and had resold it at a profit. Consequently, the Court directed the appellant to return the earnest money with interest at 9% per annum from the date of withholding until repayment.