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Raghav Arora - Thought Leader

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LCI Thought Leader Raghav Arora

Raghav Arora   21 October 2025

Consumer forum: name of the adressee for dd

I am making an appeal for SCDRC and they require a DD to be made to the tune of half the amout passed in award. 

Now does this go to the Registrar or the President. I got both of these answers taling to some seniors and researching on the internet, but no one shared an absolute answer. Please help. 

Also, I have a new matter, where my client asked for services from electrcity department. Because of a storm, the lines took significant damage and they had no connection for  2 days despite having called the departent several times. 

When they came, they came with a small light motor vehicle kind of machine which when entered the property damaged the gate and walls and also parts of the lawn and their 80 year old tree. 

Now the question is if the dept working in case of a natural havoc will come under Consumer Protection act and whether we can ask for the relif of compensation in this case? 

Reason for query: Because we do take services from them, but the service where they defaulted is not one that we usually pay them for but it was something done out of the regular course due to the samage casued by the storm. 

I could not find any direct authority on this question. If any expert has come across any such case law, please share



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Dr. J C Vashista

Dr. J C Vashista (Advocate )     22 October 2025

@ Raghav Arora,

Two different questions different subjects have been posted by you.

Appeal before SCDRC against order passed by DCDRC is governed by Section 41 of CP Act, 2019 which reads as:

 

 

Section 41.   Appeal against order of District Commission.

Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed:



Provided that the State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period:


Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed:


Provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80.
 

Firstly 1/2 of the amount awarded by DCDRC, which is stated to have been assailed in  appeal before SCDRC is to be deposited (mandatory) in the name of Registrar and not President.

Second question pertains to natural calamity, which do not fall under the provisions of Section 2(11) of Consumer Protection Act, 2019 which provides as under:

(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes--


(i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and


(ii) deliberate withholding of relevant information by such person to the consumer.

T. Kalaiselvan, Advocate

T. Kalaiselvan, Advocate (Advocate)     23 October 2025

The DD is to be purchased in favor of the Registrar in SCDRC as well as in NCDRC.

The  electricity department  comes under the Consumer Protection Act for deficiency in service, including outages caused by storms, though there are specific considerations. 

The definition of "service" under the Consumer Protection Act explicitly includes the "supply of electrical or other energy". This means a consumer who pays for electricity is protected under the Act from any deficiency in the service provided by the electricity board or distribution company.

While a power outage immediately following a major storm is often unavoidable, a consumer can file a complaint for a "deficiency in service" if the electricity department is negligent or unreasonably slow in restoring the connection. This is because the department has a duty to provide reliable service and respond promptly. 


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