DLF UNIVERSAL LTD. vs EKTA SETH

The Supreme Court upheld the findings of the Monopolies and Restrictive Trade Practices Commission, stating that the appellant's action of forfeiting the earnest money was an unfair trade practice under Section 12-B of the Monopolies and Restrictive Trade Practices Act, 1969. The Court emphasized that the appellant had no right to 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 affirmed the Commission's directive for the appellant to return the earnest money with interest at 9% per annum.