JUDGMENT :

S. RAVINDRA BHAT, J.

1. There are two appeals preferred against a common order of the National Company Law Appellate Tribunal (hereinafter, “NCLAT”/“Tribunal”). The first, by the original home buyer’s legal representative (hereinafter, “complainant”) and the second by the builder/developer (hereinafter, “developer”).

2. In 1989, one Smt. Gursharan Kaur had applied for a flat in a proposed group housing scheme called ‘Siddharth Shila Apartments’, situated at Plot No. 24 in Vaishali Scheme, Ghaziabad, U.P. (hereinafter, “Scheme”). After depositing three instalments towards the flat, she passed away, and was succeeded by her daughter-in-law Dr (Mrs.) Manjeet Kaur Monga, who deposited the fourth instalment. Thereafter, the developer issued an allotment letter dated 21.05.1992, earmarking Flat No. D-301 (3rd floor) with a super built-up area of 1375 sq. ft. in the Scheme. Dr Manjeet Kaur Monga deposited two further instalments, with the sixth instalment deposited in September 1993. Eight years later, i.e., in December 2001, a demand notice for payment of the eighth and ninth instalments was issued to the complainant. She resisted this notice, as there was no intimation about the