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Partha Roy (CEO)     29 July 2014

Supreme court limitation period

 

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?



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     30 July 2014

When there is an appeal of an order passed by the National Consumer Disputes Redressal Commission to the Supreme Court then -

  1. Where there is an appeal against the order passed by the NCDRC in original complaints the limitation period is, of course 30 days from the date the certified copy of the order was received.
  2. However when a Special Leave Petition is filed against the order of the NCDRC which are passed in cases of appeals or revision then, the limitation period is 90 days from the receipt of the certified copy of the order.

Ranbir Chhillar (self)     31 July 2014

it would be 90 days for SLP as answered by MrRaghavan. you could file a Caveat before The Supreme Court so that in case SLP is filed, you would be there to contest on first day and it would save u a lot of time and effort 

T. Kalaiselvan, Advocate (Advocate)     01 August 2014

I agree and endorse the views of above experts on the subject, besides, the executing court can very well pass order under the referred provisions of law, non-payment will not be considered as contempt, for non-payment, an EP is the solution.


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