VidhiSangh

Supreme Court of India · 08/03/2021

NBCC (INDIA) LIMITED versus SHRI RAM TRIVEDI

[2021] 2 S.C.R. 280 · 2021 INSC 162

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Summary

The Supreme Court upheld compensation for delayed flat possession but reduced it to simple interest at 7% annually from 1 January 2016 to 26 July 2018 and removed a separate Rs 2 lakh rent award. An undertaking to endeavour to complete construction required reasonable efforts and did not leave delivery entirely to the builder. The standard form’s nominal delay compensation was unfair compared with the buyer’s interest burden. Contractor and boundary disputes did not establish force majeure on these facts.

Issues

  1. Whether the endeavour clause and standard form compensation rate defeated a claim for delayed possession.
  2. Whether the developer established force majeure or could rely on delayed payment of the penultimate instalment.
  3. What rate, period and additional compensation were appropriate.

Held

Result

Appeal partly allowed: compensation revised to 7% simple interest for the specified period; separate rent compensation set aside, with payment and documentation directions. No costs.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 280.