Legal Question in Consumer Law in India

We had filed a consumer complaint against a Builder before the State Consumer Forum, West Bengal on 01/03/2007.
An order was passed in our favour on 24/02/2009.
Above order was challenged by an appeal filed by the O.P in NCDRC on 01/04/2009.
The said appeal was dismissed by an order passed by NCDRC on 23/05/2014 and the O.P was directed to pay a substantial amount as compensation & costs to us within 30 days of receipt of order.
O.P did not comply whereupon we filed an Execution Application u/s.25 & 27 in the State Commission, West Bengal and admission hearing date of the said application has been fixed on 05/08/2014.
Now my questions are as under:
1) Can the State Commission take immediate action u/s.25 & 27 of the Consumer Protection Act 1986 as O.P has not complied with the order passed by NCDRC within the stipulated period?
2) As the O.P has already acted in contempt of and has wilfully violated the order passed by NCDRC, can the O.P still file a SLP/Appeal in the Supreme Court of India?
The entire issue is unclear because the Supreme Court limitation period is 90 days whereas the NCDRC order compliance period has been clearly stipulated as 30 days.

Asked on 7/29/14, 7:56 am

0 users found helpful

0 attorneys agreed

Limitation period is 30 days not 90. So, he can't file now until SC condones the delay.

919555462995

Answered on 7/30/14, 4:17 am

Keywords

Match Any Match All

Country

State

Area of Law