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IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI M.A. NO. 311 OF 2026 (FOR DIRECTIONS)

IN CONSUMER COMPLAINT NO. 2435 of 2017 Smt. Munesh Kumari.

R/o S.B.-49, Shastri Nagar, Ghaziabad, U.P. ....Complainant Versus The Director M/s. Sunworld Residency Pvt. Ltd.

Registered office at:

117, Hans Bhavan.l B.S.Z. Marg, New Delhi-110002 ....Opposite Party BEFORE:

HON'BLE DR. 1NDER JIT SINGH, PRESIDING MEMBER HON’BLE MR. SHASHI NANDKEOLYAR, MEMBER For the Opposite Party : Mr. Anshum Jain, Advocate (VC)

For the Complainant : Mr. Bhanwar Aditya Jadon, Advocate (VC)

Dated: 03rd September, 2026

ORDER

1. Earlier this M.A. was heard on 07.08.2026, when following order was passed:

1. MA has been filed by the applicant Ms. Sunworld Residency Private Limited who was Opposite Party in CC o. 2435 of 2017 which was disposed off as per this Commission’s order dated 21.04.2026. The operative portion of the said order is reproduced below:

4. Keeping in view the submission made by the counsel for the OP on instruction from his client that they are willing to refund the entire principal with reasonable interest as decided by this Commission, we hereby direct the OP to refund the entire principal amount i.e., Rs.72,10,616/- (both sides have not disputed the principal amount paid by the complainant to OPs) along with interest @9% per annum from the date of each deposit till date of payment. This amount shall be paid within a maximum of 45 days from today, failing which total amount payable at the end of 45 days shall carry interest at 12% per annum from the expiry of 45 days till the date of actual payment. Parties shall bear their respective costs.

2. The said MA has been filed to direct the -complainant to collect the original demand drafts dated 04.07.2026 for an amount of Rs.75,000/- and demand draft dated 08.07.2026 for an amount of Rs.81,20,840/- issued in favour of the complainant by the Opposite Party and take the demand draft on record in compliance of judgment dated 21.04.2026. It is stated in the MA that applicant / Opposite Party could not contact the complainant in order to comply with the order / judgment passed by this Commission. Hence, counsel for the Opposite Party requested the counsel of the complainant to send relevant account details of the complainant vide email dated 05.06.2026 and 02.07.2026. However, they did not receive any response. On receiving no response, Opposite Party got prepared die above stated two demand drafts and also informed the complainant about said demand draft through email dated 04.07.2026 and 08.07.2026. It is further submitted in the MA that complainant vide its email dated 08.07.2026 refused to take the demand draft and stated that matter is sub-judice before the Hon’ble Supreme Court and is subject to the order of the Apex Court. However, no orders have been passed till date. OP again sent an email on 28.07.2026 to the complainant and its counsel and requested the complainant to collect the original above mentioned draft drafts. It was further informed to the complainant that no further interest is payable or liable to accrue on the refund amount thereafter and any delay in collecting the demand draft shall be entirely at the risk and consequences of the complainant.

3. The original demand drafts shown to us during the course of hearing. These demand drafts are in the name of the complainant Ms. Munesh Kumari.

4. Issue notice on the MA to the complainant as well as counsel who has filed vakalatnama on behalf of the complainant in the

2 of 4 original CC No.2435 of 2017, granting them 2 weeks time to file reply and also enter appearance on the next date. It is made clear that if they fail to appear on the next date, matter shall be taken up on merits in their absence.

5. As regards demand drafts are concerned, as these are in the name of the complainant, hence, the said amounts cannot be deposited in the account of NCDRC. If the OP / Applicant so wish, they may deposit the r