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DEFICIENCY OF SERVICE


  • Basically lets try to understand what does the term deficiency of service actually means. As the name suggests, when a person avails any kind of service and the service provider fails to perform the same it amounts to deficiency of service. It comprise of two components:
  • Firstly, there must be some kind service which has been availed by a person. It might be related to a use of product, or it might be in the form of a service. for instance, when one goes an purchase a simple item from a grocery store, and the said product found to be expired or not as per the standard promised by the company, it amounts to deficiency of service. Similarly we can take another instance where a person has purchase an LED SMART TV along with a warranty for say five years. Now in case he founds any problem in its working within the period of 5 years, in such a situation the company is bound to offer him the service by getting his / her TV repaired. However, in case when the said company fails to do or even cause delay in rendering the service, it amounts to deficiency of service.
  • Secondly, the person who is at the receiving the end, initially must intimate the situation to the opposite party in order to give it a chance to rectify the same. It is only after this stage, if the opposite party fails to perform the service, then it amounts to deficiency of service. It can be better understood by taking the above eg where one person purchased a SMART TV with say five years warranty. Now in case, the said person immediately after encountering some problem in the product, without even asking them to repair, thinks that it is deficiency of service, that is not true. In other words, most important thing is to first avail the service positively and it is thereafter one can come to any conclusion.
  • Thirdly once  across the situation where there is deficiency of service, in such an event the person aggrieved can directly approach the Consumer Forum established in each district as per his / her jurisdiction. Earlier, the place of filing case was determined as per the place of business of the opposite party which many times caused inconvenience to the party filing the case. However, in order to make these Forums more approachable, and as per recent amendments in the Consumer Protection Act, the complainant can now easily file a case in the appropriate forum as per the place where he /she resides.
  • Lastly, it is very important to note here that one can only approach the Consumer Forum where there are no commercial angle involved in the concerned transaction, the same can be better understood as per the definition of Consumer given under the New Act.
  • I hope the above topic has been properly explained in very simplest terms.

Thank You

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