To be clear, you asserted that neither China nor India set goals for the Paris accord. You were mistaken. And I have looked at the NDCs by country. Both China's and India's were rated "medium" by Climate Action Tracker, the same rating as had been given to those of the U.S. ...when they existed.

There are no "penalties" for any country failing to meet its NDCs. While criticizing China and India, keep in mind that the U.S. as of now effectively has no NDCs.