You need to file a review petition in the national consumer dispute redressal Commission to review the order where the time time frame is not fixed by the court record will fix the time frame accordingly and you will get a new order in this regard
Asking for refund with interest after NCDRC verdict
I recently got the NDDRC verdict in my favor against the builder where the court has directed the builder to refund the entire amount along with interest . But there has been a crucial mistake in drafting the order, the order is missing the time-frame during which builder is required to return the money. Generally the court will direct to refund the money within 60 days from the date of order, but nothing like that has been mentioned in my verdict. What should I do now? My lawyer suggested that if we apply for the correction in the order it will take much time and instead he suggested me to ask the builder to refund the money as per the court verdict . And if the builder doesn’t return the money within 30 days I should move an execution of order application in the same NCDRC court. My apprehension is, what if builder takes the shelter of the point where no timelines to refund the money has been defined by the court and he delays the payment invariably?
Asked 5 years ago in Property Law
Religion: Hindu
15 Answers
File precipe n NDDRC request it to mention period within order has to be complied with as order is silent on said aspect
cclarification would be issued and necessary changes made in order
don’t agree with your lawyer advice
You have been rightly advised.
give an application to builder alongwith the copy of order. If he does not make the payment within 60 days then serve a Legal Notice that in case he fails to make payment you will be filing execution before the court.
The court will accordingly decide in case execution is filed.
regards
See after the appeal period of the order gets over file an execution petition before the commission.
See after appeal period gets over and he file no appeal he don't get such excuse.
In the execution application time lines can be framed by Court so you do the needful he will pay the amount.
Dear Sir,
Try for insertion of time limitation within which the builder has to comply the order by filing application under sections 151 to 153 of Civil Procedure Code.
The builder will definitely take benefit of the loophole in this order. Better you get this clarified by the court, so that the definite time line for compliance is defined. Even if it takes some time to get clarified, then also it is worth the effort.
since you are aggrieved by order passed by NDDRC you have to appeal against the same order in same court.
Yes, your lawyer is right. The proper remedy is to file an execution case to get implemented.
During that process the Commission may rectify the laches made in the order on time line of the implementation of order.
Is there any time limit by which builder can appeal in Supreme court against the NCDRC order ? I meant either honor the NCDRC verdict or appeal against it in SC ?
Asked 5 years ago
Yes appeal from NCDRC has to be preferred in Supreme Court in 30 days.
the Supreme Court Rules, 1966.
2. (a) Order XX(F) with the title “Appeals under section 23 of the Consumer
Protection Act, 1986 (68 of 1986)” shall be inserted after Order XX(E).
XX(F).—The petition of appeal from an order made by the National Disputes Redressal Commission (hereinafter referred to as “The National Commission”) under sub-clause (i) of clause (a) of section 21 of the Consumer Protection Act, 1986 (69 of 1986) shall, subject to the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963) be presented by an aggrieved person within thirty days from the date of the order sought to be appealed against:
Provided that computing the said period, the time requisite for obtaining a copy of such order shall be excluded.
2A. The petition of appeal shall recite succinctly and clearly all the relevant
facts leading up to the order appealed from, and shall set forth in brief the objections to the order appealed from and the ground relied on in support of the appeal. The petition shall also state the date of the order appealed from as well as the date on which it was received by the appellant.
3. The petition of appeal shall be accompanied by:—
(i) an authenticated copy of the order appealed from; and
(ii) at least seven spare sets of the petition and the papers filed with it.
*Supreme Court of India, Notification No. GSR 409 dated July 3, 1990, published in the Gazette of India, Part II. Section 3(i), dated 7-7-1990, pp. 1541-1544. (F.No. 548/RS/SCI/90).
30 days limitation
Section 23 of Consumer Protection Act, 1986, provides that any person aggrieved by an order of NCDRC, may prefer an Appeal against such order to Supreme Court of India within a period of 30 days.
You dont worry about builder will do on this, you may follow your advocate's advise on this.
If he has not preferred any appeal within the time limit for appeal, you can file a EP against the JD to recover the amount as pr court order.
Yes, he can prefer an appeal before supreme court;
Section 23 of Consumer Protection Act, 1986, provides that any person aggrieved by an order of NCDRC, may prefer an Appeal against such order to Supreme Court of India within a period of 30 days.