In Brief
NBCC (India) Limited, a developer, failed to deliver possession of a housing unit to Shri Ram Trivedi within the contractually agreed timeframe. Although NBCC claimed force majeure as a defence, the Supreme Court found this unjustifiable, as delays arising from contractor disputes and boundary issues are routine in construction and cannot excuse performance obligations. The Court upheld the respondent's entitlement to compensation but modified the award: replacing the NCDRC's interest rate of 10% per annum with 7% per annum, payable from 1 January 2016 to 26 July 2018 (actual possession date), and setting aside the separate Rs 2,00,000 loss-of-rent award as duplicative.
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