deficiency in service
Deficiency is the main ground for a consumer complaint about services. Section 2(11) of the Consumer Protection Act, 2019 defines it as any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance required by law, contract or otherwise, and includes negligence, omission or deliberate withholding of relevant information causing loss or injury to the consumer.
A service rendered free of charge, or under a contract of personal service, is outside the Act. In V.P. Shantha the Supreme Court held that medical services for a fee are a “service”, so medical negligence can be raised as deficiency in service. Deficiency relates to services; a fault in goods is a “defect”.
Example
The bank's failure to credit the cheque for three weeks without reason was a deficiency in service under s.2(11) of the 2019 Act.
In Indian law
- Section 2(11), Consumer Protection Act, 2019
- Indian Medical Association v. V.P. Shantha, 1995 INSC 720
See also
Read more in the study notes
- Bank: definition, kinds of banks and their functions (Banking Law)
- Duties of banker and customer: honouring cheques and secrecy of accounts (Banking Law)
- Banking as a service: consumer protection and the RBI Ombudsman (Banking Law)
- Recent trends: e-banking, ATMs, internet and mobile banking, smart and credit cards, and their legal aspects (Banking Law)
- Reference, review and revision; caveat, restitution and the inherent powers of the court (Civil Procedure Code and Limitation Act)
- Growth, development and the features of the Indian economy (Economic Development in India)