We had filed Consumer Complaint against a Builder before the State Consumer Commission, West Bengal on 01/03/2007 whereupon 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 of the Consumer Protection Act in the State Commission, West Bengal.
Now my questions are as under:
1) Can the State Commission take immediate action u/s.25 & 27 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 willfully violated order passed by NCDRC, can the O.P file an appeal in the Supreme Court of India even at this stage?
The matter appears unclear because limitation period for filing SLP in SCI is 90 days from date of order whereas in our case NCDRC has clearly allowed 30 days for compliance.
Under the circumstances, would SCI be impinging on the powers of NCDRC by allowing the appellant to first willfully and contumaciously violate the order of NCDRC and then prefer an appeal in SCI?
