Limitation is computed from the date of getting copy of order passed. There is always gap between date of order and date of getting copy. Appeal is filed after 47 days. There might be gap of 17 days between date of order and getting copy. If there is no stay against execution, you can proceed with execution of order passed by State Forum. Execution is not barred.
First appeal filed on NCDRC after 30 days of order and I am not aware about the appeal for 2 years
Dear Sir/Madam, Greetings! My name is Arunkumar Marimuthu. I have filed a case in Karnataka State Consumer Court(Bangalore) CC/43/2016 against an Apartment Builder regarding the quality of building construction and Government approval for possession. Court has given the Order dated 20 June 2019. The order is either 1. The builder must construct the flat as mentioned in Terms and Conditions of agreement within 2 months and handover or 2. The builder must refund the amount paid with 18% interest. My Lawyer has sent a formal notice regarding this Order. The Builder has not responded to the order for more than 2 months. We have filed Execution Petition EA/158/2019 on 18 Oct 2019 at Karnataka State Consumer Court(Bangalore). Till 9 Sep 2021, The Builder or his lawyer did not appear in court, They did not communicated anything to court or me or my Lawyer. On 9 Sep 2021, The Builder's lawyer has appeared to Karnataka State Consumer Court(Bangalore) and said the Builder has filed Appeal in National Consumer Disputes Redressal Commission (NCDRC) FA/1623/2019, IA/13108/2019, IA/13109/2019 on 7 Aug 2019. NCDRC website says "First Appeal as provided under Section 19 of the Consumer Protection Act, 1986-Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order before this Commission within a period of thirty days from the date of receipt of the order" First Appeal filed by the Builder is on 7 Aug 2019(FA/1623/2019) which is 47 days from the order received on 20 June 2019(CC/43/2016). I would like to know how NCDRC has accepted the First appeal which is more than 30 days from the order date. So far, I or my Lawyer have not received any formal communication regarding the First Appeal from NCDRC or from Builder's Lawyer. In the last two years, I have many times tried to get Builder's response regarding the Court Order/Execution Petition through email and phone call but the Builder has not responded even a single email or call. My Lawyer has advised me that "The developer would have filed an Appeal in August 2019. If the current execution petition was stayed by the National Commission, obviously they would have produced the stay order in the execution petition. Since that has not happened let us go ahead with execution proceedings. Meanwhile you are advised to engage a lawyer in New Delhi and defend the said Appeal." I would need your advice regarding this case. I am middle class person with monthly income and paying Home Rent, Home Loan EMI and Legal fees(State Commission). I cannot afford heavy legal fees to defend the Appeal the NCDRC. I would request the interested Lawyer in New Delhi to defend the Appeal at NCDRC with affordable fees. Please respond. Thank you.
Asked 3 years ago in Consumer Law
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5 Answers
There are number of lawyers on this website from Delhi having good ratings
you can contact any of them for filing reply before NCDRC and appearing on your behalf
filing of first appeal is 30 days from receipt of order and not date of order . In any case delay in filing appeal can be condoned
The State commission would have pronounced the judgment on 20.06.2019, whereas the copy of the orders would have been made ready on subsequent date only, hence it can be construed that the appeal was preferred within time limit because the NCDRC would not accept the appeal on its file if it was filed belatedly without seeking to condone the delay in filing it.
Since you have already approached court, there was no necessity for the builder or his lawyer to respond to your communication.
You should have followed it up through court alone by following due process of law.
For engaging lawyer at Delhi to defend your case,l you may have to look for a lawyer of your choice yourself, you cannot give an open call to all lawyers of this public forum in this manner, lawyers are prohibited from soliciting.
- Since , there no stay is granted by the NCDRC court to the said builder , then the the State commission should pass its order for attaching the property of the builder without any further delay. Hence raise this issue before the court where the execution petition is pending.
- Further, if you have already received the notice from the National commission Delhi, then you should file your reply against the builders petition for not complying the order of the lower forum.
- Further, submit all the communication proofs with that reply and pray for dismissal of the appeal.
He can file Condonation of delay in court after limitation period.
Yes you can contest the same on merits. I practice in national commission. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
