Can a builder invoke covid 19 Pandemic as a Force Majeure clause for delay in delivery of Flat ?

I went into a sale agreement with a Builder for purchasing a Flat in Kolkata on 03.02.2016 . The scheduled date for delivery of flat was 02.02.2020 ( 36 months + 12 months grace period from the date of agreement dt 03.02.2016). Already , it had been more than 59 months . Grace period is also over. The builder is unable to deliver the flat. He never informed to me in writing regarding delayed possession of flat before. Now when I asked him about the delayed possession in flat and asked for compensation, he is now using Force Majeure Clausedue to Covid 19 Pandemic as an excuse. We all are aware that WHO declared Covid 19 as pandemic on 11.03.2020. First covid 19 case was reported in West Bengal on 17.03.2020. Also, Janata curfew and lockdown was imposed on 22.03.2020 and from 25.03.2020 respectively. All the above dates related to covid outbreak and lockdown in India fall after promised flat delivery date of 02.02.2020. In addition to that, As per para no 4 of  Govt of India, Ministry of Finance's office  notification no.  F. 18/4/2020-PPD dated 13th May' 2020 ( Letter enclosed), " Force Majeure Clause due to spread of COVID 19 may be invoked , where date for completion of contractual obligations lies on or after 20th February, 2020.  " - though it is applicable to Govt contracts I suppose. Can the Builder use it as an excuse ?