How to enforce a settlement passed between parties?
The National Consumer Disputes Redressal Commission (NCDRC) holds immense amount of judicial powers. The NCDRC is capable of giving strict punishments to those who do not abide by their rules and orders. The NCDRC is capable of even sending the wrongdoers to Jail.
Hence, the most advisable option for the Client here would be to go for the execution of the Settlement and to approache the Court with the issue and pray for enforcement of the Settlement on the terms mentioned within the Settlement.
A lot of the factors affecting the action foward would depend on the nature ofthe Settlement. The various terms and conditions laid down in the settlement would act as the main reason behind determining the final outcome of the process, and the most apt way forward.
Hence, it would be advised to the Client to get the settlement order analysed by an Advocate so that the best solution out of the settlement can be decided and to proceed on that basis.
The Client can also move the Court under the ambit of Contempt of Court by the Builders. This will add more pressure on the Builder to back off and move ahead with the agreement settlement.
The time period that may be required is almost 12-18 months owing to the difficult circumstances righ now. and the case does not attract cheating.
Reference Laws: Order 21 of the Civil Procedure Code
Consumer Protection Act
