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Further action after Judgement passed in Delhi State Consumer forum
17-May-2023 (In Consumer Court Law)
Complainant filed case in Delhi consumer court against builder. After 4 years,the forum ordered on 14/03/2016 against builder to return money @ 12% with interest within 45 days failing which complainant will be entitled to invoke process under section 25/27 of the consumer protection act. Now no reply by OP & No appeal filed in NCDRC till 16/05/2016 by the the OP/builder. Question- After 45 days, complainant filed execution petition on 16/05/2016 ,the NDH is 6/06/2016 . Can the builder still file appeal in NCDRC despite passing considerable time, or has to comply as per State orders?
Sir if the payments have not been made by the builder then an execution petition attaching the properties of the opposite party can be moved in the appropriate forum. Even if the opposite party decides to move to the NCDRC then the Commission will pass an order against the party to deposit 50% or full amount (discretion of the court) to admit the appeal and send notice to the respondents.
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Adv. Aditya Gupta
Delhi | 100+ Answers
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The builder may file the appeal by filing the application of Condonation of delay along with the appeal. This totally depends on the state commission to allow or not. If you need any legal assistance you may contact us.
Thanks
Regds
Mohit Popli, Advocate
Thanks
Regds
Mohit Popli, Advocate
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Adv. Mohit Popli
Delhi | 100+ Answers
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yes the builder can file an appeal under section 21 of the Consumer Protection Act 1986. he can challenge the orders of the state consumer Forum. we need to file within the limitation period which is 30 days. the appeal can be put in front of National Consumer Forum.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Hi, in some cases the appeal with file with special prayers to condone the delay. Now it is upto builder that he is filing complaints or going smoothly for execution process. It is suggested that you keep in track of NCDRC if possible and file the objection to his appeal/revision in time.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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