Case Law Details
M/s. Supertech Ltd. Vs Rajni Goyal (Supreme Court)
The Appellant – Builder inter alia submitted that – Possession of the flat was offered to the Respondent – Purchaser in December 2015 after obtaining the Completion Certificate for the building.
Even though the Agreement provided for delivery of possession by 31.10.2013, the delay occurred because of various legal impediments in timely completion of the project because of various Orders passed by the National Green Tribunal. The delay ought to be computed from 6 months after 31.10.2013, i.e. from 01.05.2014 by taking into consideration, the 6 months grace period provided in the Agreement.
Furthermore, the period of Interest should close on April 2016 when the Full Occupancy Certificate was obtained as per the admission of the Respondent – Purchaser herself in Para 4(j) of the Consumer Complaint, wherein she has admitted that the Appellant – Builder had obtained the Completion Certificate as late as April 2016. The Respondent – Purchaser could not have any further grievance after April 2016 with respect to delay in handing over possession. The Respondent – Purchaser ought not to be allowed to reap the benefits of her own delay in taking possession.
FULL TEXT OF THE SUPREME COURT JUDGMENT
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