Judgment

S.B. SINHA, J. - Leave granted in the SLPs.

2. E,xtent of jurisdiction of the Monopolies and Restrictive Trade Practices Commission (for short "the Commission") is the question involved in these appeals, although they arose under different fact situations.

3. We would notice the facts involved in both the appeals separately.

4. In civil appeal arising out of SLP (C) No. 26795 of 2004, Sunil Gulati, the respondent herein entered into an agreement with Respondent 1 (DLF) b for purchasing a flat in a building known as Windsor Court, DLF City, Gurgaon and made payment of a sum equivalent to 10% of the agreed price as earnest money at the first instance. The balance payment was to be made in instalments. Clause 17 of the agreement entitled the allottee to cancel the allotment at any time and take refund of the amount paid by him without interest, but the earnest money was liable to be forfeited in the following c terms:

"17. In case the allotment is got cancelled by the allottee himself, he shall be entitled to the refund of the amount paid by him, after deducting the earnest money, but without payment of any interest on the balance amount, paid by him."

Clause 8 of the said ag