Apni Law Staff asked 12 months ago
A homebuyer in Delhi took a builder to the consumer court in 2012, seeking a refund. After a long wait, the court ruled in the buyer’s favor on March 14, 2016, ordering the builder to return the money with 12% interest within 45 days. The order also stated that if the builder failed to comply, the buyer could take further action under the Consumer Protection Act. The builder, however, didn’t respond and didn’t appeal the decision by May 16, 2016.
The buyer then filed an execution petition on May 16, 2016, with the next hearing scheduled for June 6, 2016. Can the builder still appeal the court’s decision to the National Consumer Disputes Redressal Commission (NCDRC) despite the delay, or is the builder now obligated to follow the state court’s order?
Best Answer
Apni Law Staff answered 12 months ago
Under the Consumer Protection Act, the builder’s right to appeal to the NCDRC would have expired after 30 days from the date of the order (May 14, 2016). Since the builder did not appeal within this time and the order has become final, the builder is now obligated to follow the state court’s order.
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