KSLU Corner™ New AIBE previous QP

deficiency in service

English · Contract and commercial

Meaning. Any fault, imperfection, shortcoming or inadequacy in the quality, nature or manner of performance of a 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

See also

duty of care · damages

Read more in the study notes

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