new delhi the supreme court on wednesday expressed anguish over the tears of homebuyers saying they cannot be taken for a ride by the builders as it directed the jaypee group to give rs 50 lakh as interim compensation to its customers for delay in giving them possessionit also said the homebuyers cannot be treated as normal investors as they spend their hardearned money on their homesthe apex court had earlier directed jaiprakash associates ltd to deposit rs 4 crore with the bank to be kept as shortterm fixed deposit and give possession of flats to the homebuyers in its kalypso court project on the noidagreater noida expresswaythe real estate firm has challenged the order of may 2 2016 national consumer disputes redressal commission ncdrc imposing a penalty of 12 per cent per annum for the delay in giving possession of homes to buyerswe are concerned about the tears of the homebuyers who cannot be taken for a ride by builders they cannot be taken as a normal investor they spend their hard earnings for the homes a bench of chief justice dipak misra saidas an interim measure the bench also comprising justices amitava roy and a m khanwilkar directed the firm to give rs 50 lakh as interest to the 10 flat buyers who are before it till the final adjudication of pleathe counsel for the flat buyers said they were handed the flats in 2016 though these were to be given in 2011 and said that the interest component needed to be adjudicatedsenior advocate krishnan venugopal said the ncdrc order of imposing 12 per cent penalty was unjust and arbitrarythe apex court had on march 22 said that since the flats have been handed over to the homebuyers the only three issues remaining were parking fees grant of interest on delayed delivery and determination of the quantum in respect of the increased super areathe court had on august 31 2016 directed the company to hand over the possession of the flats to the buyers without charging parking fees and an increase in super area subject to adjudication of the appeals saying these issues would be dealt with at the time of final adjudicationthe apex court had however restrained the homebuyers from creating thirdparty interest in the property after the delivery given by the firmncdrc in its order had also directed the noidabased builder to hand over the possession of apartments to buyers by july 21 2016 failing which it will have to pay a penalty of rs 5000 per flat per day till the project is completedthe commission had also held that builders cannot charge buyers on increase in super area of an apartment after construction unless they have prior consent of the buyerjaypee kalypso court project was launched in 2007 by the company and was to have 16 towers with the deadline for completion fixed in 2011till 2016 the company had completed the work in only five towers with most of the other towers remaining incomplete