What is the duration to file for Execution Appeal ?

2.5 months ago I had won a refund case against a builder. One of my close friend has advised me to not to file execution appeal at least for 4 months from now, his view point is that if the builder doesn't file in national commission for these 4 months and you put EA at state commission then if the builder file in National commission his case will not be accepted as it would have been too late from permissible time of 30 days. My question is whether his view point is right?? I am not in any hurry to get the payment but I want that builder misses to go to NCDRC, I don' want to remind him....