Supreme Court · 2008 INSC 832 · Decided 15 July 2008

DLF Universal LTD. v. Ekta Seth & ANR.

Court
Supreme Court of India
Citation
2008 INSC 832 · [2008] 10 S.C.R. 999
Case number
CIVIL APPEAL No. 4380/2008
Decided
15 July 2008
Bench
S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 142; Contract Act

Headnote

Monopolies and Restrictive Trade Practices Act, 1969; S.12-B: Unfair trade practice - Compensation - Apartment c Buyer's Agreement - Default in payment of instalment by buyer - Cancellation of allotment and earnest money forfeited - Application claiming compensation on ground of unfair trade return of earnest L money with interest - Correctness of - Held: Parties to con- D t tract are governed by terms and conditions thereof - In terms of clause 4 of agreement, seller vested in itself unrestricted power to increase the cost - Allottee stopped payment of in- stalment after certain

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