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Interest cannot be awarded to buyer for his/her own delay in taking possession

In M/s. Supertech Ltd. VS Rajni Goyal, The dispute concerned a project named ‘Capetown’ developed by the builder in Noida. A flat was allotted by the builder in this development to one Ms. Rajni Goyal in May, 2012, with the Allotment Letter stating that possession would be handed over in October, 2013. The letter allowed extension upto a maximum period of six months due to unforeseen circumstances.

However, the builder handed over a Pre​-Possession Letter to Ms. Goyal only in October 2015, for completion of formalities, before possession could Learn more be handed over. With the letter, she was called upon to pay Rs. 12,35,656 towards the balance cost of the flat and several other charges. She, however, failed to pay the charges.

Ms. Goyal, then, after over fifteen months, in March, 2017, filed a Consumer Complaint before the National Commission which was allowed. Review petition filed against the said order was dismissed after which the builder approached the Supreme Court.

The Supreme Court noted that the Full Occupancy Certificate was obtained by the builder in April 2016, and that Ms. Goyal could not have had any further grievance after that. It, therefore, stating that the Respondent – Purchaser ought not to be allowed to reap the benefits of her own delay in taking possession, directed the period of compensation to be computed from May, 2014 to April, 2016, despite the fact that she approached the Commission in March, 2017.

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