JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Leave granted.

2. This appeal is filed by the appellant challenging the legality of the judgment and order dated 3rd July, 2006 passed by the Monopolies and Restrictive Trade Practices Commission, New Delhi (for short “the Commission”). By the aforesaid judgment and order the learned Commission made certain observations and recorded findings against the appellant herein, which are under challenge in this appeal. The Commission recorded a finding that the action of the appellant in increasing the cost which forced the respondent from making further payments resulting in the cancellation referred to by the appellant was unfair trade practice and the appellant had no right to forfeit the earnest money. Consequently a direction was issued that the appellant should return the earnest money with interest thereon @ 9% per annum from the date of withholding the earnest money till the date of repayment in respect of the main flat as well as the parking space in respect of the letters dated 26th/27th May, 1999.

3. We may briefly state the facts leading to the aforesaid direction of the Commission. The respondent herein booked a flat along with parking