NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI EXECUTION APPLICATION NO. NC/EA/7/2024 IN NC/CC/89/2017 WITH NC/IA/12791/2025 (PLACING RECORD)

NC/IA/14574/2025 (CONDONATION OF DELAY)

MADHULEKHA SAWHNEY PRESENT ADDRESS - 19, GREEN AVENUE, VASANT KUNJ. , NEW DELHI , DELHI , .......Appellant(s)

Versus M/S SHIPRA ESTATE LTD & JAI KRISHAN ESTATE DEVELOPERS PVT LTD & 3 ORS.

PRESENT ADDRESS - D-32, LAXMI NAGAR, MAIN VIKAS MARG. , NEW DELHI , DELHI , GHAZIABAD DEVELOPMENT AUTHORITY PRESENT ADDRESS - THROUGH ITS VICE-CHAIRMEN, VIKASH PATH, , GHAZIABAD , UTTAR PRADESH , .......Respondent(s)

EXECUTION APPLICATION NO. NC/EA/10/2024 WITH NC/IA/1017/2026 (IMPLEADMENT OF PARTIES)

NC/IA/2036/2026 (CORRECTION OF ORDER)

NC/IA/1138/2026 (PLACING ADDL. DOCUMENTS)

RANJI BHANDARI & ANR PRESENT ADDRESS - 8A, PADAMI ENCLAVE, HUAZ KHAS, , NEW DELHI , DELHI , PREMA BHANDARI PRESENT ADDRESS - 8A, PADAMI ENCLAVE, HUAZ KHAS, , NEW DELHI , DELHI , .......Appellant(s)

Versus M/S SHIPRA ESTATE LTD & JAI KRISHAN ESTATE DEVELOPERS PVT LTD & ANR PRESENT ADDRESS - D-32, LAXMI NAGAR, MAIN VIKAS MARG, , NEW DELHI , DELHI , GHAZIABAD DEVELOPMENT AUTHORITY PRESENT ADDRESS - THROUGH ITS VICE-CHAIRMAN, VIKASH PATH, , GHAZIABAD , UTTAR PRADESH , .......Respondent(s)

BEFORE:

HON'BLE DR. INDER JIT SINGH , PRESIDING MEMBER HONBLE JUSTICE DR. SUDHIR KUMAR JAIN , MEMBER FOR THE APPELLANT:

IN EA/7/2024 & EA/10/2024 FOR THE COMPLAINANT / DH(S) : MR. , KISHAN RAWAT, ADVOCATE APPLICANT IN IA/12033/2025 & : MR. SHARAD TYAGI, MS. K.

GAYATRI & IA/14574/2025 IN EA/7/2024 MR. SAMARTH GOGIA, ADVOCATES APPLICANT IN IA/1017/2026 & : MR.HEMANT CHAUDHURI, ADVOCATE &

IA/1138/2026 IN EA/10/2024 MR. VASU GOYAL, ADVOCATE IN EA/7/2024 &

EA/10/2024 FOR THE OPPOSITE PARTY/JD(S) : MR. MANISH SRIVASTAVA, ADVOCATE MS. SHIVANI GERA, ADVOCATE WITH MS. SHALINI KHANNA, AR DATED: 08/04/2026

ORDER

SUDHIR KUMAR JAIN, J.

1. Briefly stated relevant facts are that the present complaint bearing no 89/2017 & 3689/2017 titled as Madhulekha Sawhney V Shipra Estate Limited & Jai Krishna Estate Developers Private Limited & Anr. And Ranji Bhandari & Anr. V Shipra Estate Limited & Jai Krishna Estate Developers Private Limited & Anr. under the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) was filed before this Commission. The Madhulekha Sawhney & Ranji Bhandari/ complainants (herein referred to as complainants) were allottees in the Project Shipra Krishna at Ahinsa Khand, Indirapuram, Ghaziabad proposed to be developed by Shipra Estate Limited & Jai Krishna Estate Developers Private Limited /the opposite party no 1(herein referred to as the opposite party no 1). The opposite party no 1 proposed to develop flats with various amenities. The complainants booked the flats by paying the booking amount and were issued allotment letters. The balance amount was to be paid in 7 instalments. The complainants paid instalments on time till May 2008 in CC/89/2017 and till January 2008 in CC/3689/2017 .The opposite party no 1failed to deliver possession of the flats within stipulated period. The complainants alleged deficiency in service and filed the complaint before this commission. 1. The opposite party no 1 filed reply in both the complaints and stated that, did not dispute the flat booking dated 26.09.2006, the allotment of Flat No. Gulmohar- 1301 on 07.04.2007(CC/ 89/2017) and the allotment of Flat No. Gulmohar-1302 on 09.04.2007 (CC/3689/2017), or the deposits made by the Complainants. However, the Builder alleged that the Complainants had consistently defaulted in timely payment of instalments throughout the transaction, and that despite repeated demand and reminder letters, payments were habitually made after their due dates. It was further submitted that the Complainant ceased making payments entirely after the instalment due on 31.07.2008, resulting in accrual of interest on account of such delays. The Builder vide letter dated 13.03.2009 revised the payment schedule for the remaining instalments, comm