S.B.Sinha, J. - (1.) LEAVE granted in the SLPs.
(2.) EXTENT 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. We would notice the fact involved in both the appeals separately. In Civil Appeal arising out of SLP (C) No. 26795 of 2004, Sunil Gulati, Respondent herein entered into an agreement with Respondent No. 1 (DLF) 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 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."
(3.) CLAUSE 8 of the said Agreement reads as under: "8. That the time of payment of installments as stated in schedule of payments (Annexure II) and applicable stamp duty, registration fee, maintenance charges and other charges payable under this agreement as and when demanded is the essence of this Agreement. It shall be incumbent on the Apartment Allottee to comply with the terms of payment and/ or other terms and conditions of sale, failing which he shall forfeit to the Company the entire amount of earnest money and the Agreement of sale shall stand cancelled and the Apartment Allottee shall have no right, title, interest or claim of whatsoever nature on the said premises. The company shall thereafter be free to resell and deal with the said premises in any manner, whatsoever, at its sole discretion. The amount(s), if any paid over and above the earnest money shall however be refunded to the Apartment Allottee by the Company without any interest or any compensation of whatsoever nature." Respondent paid some instalments but allegedly was unable to pay the same from the month of June, 1996. One of his cheques bounced which fact was intimated to him by Appellant by a letter dated 7th January, 1998.;