Service means service of any description which is made available to potential users and include, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, the supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal services.
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 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. The deficiency must be in relation to service – The words ‘….in relation to any service’ in the definition signifies that the deficiency is always in terms of service. Thus if the grievance pertains to a matter which does not fall in the definition of service, the concept of deficiency would not apply.
In the normal course, if the service is found deficient as per the above criteria, it is held deficient and the compensation is awarded. However, there may be abnormal circumstances beyond the control of the person performing service. If such circumstances prevent a person from rendering service of the desired quality, nature and manner, such person should not be penalized for the same.
- A agreed to supply water to B for irrigation of crops. He failed to do so because of a power breakdown due to the burning of a transformer. As a result crop damaged. B sued A for providing deficient service. Will he succeed?
a. Yes, since there was the deficiency in service on the part of A.
b. No, since there was no the deficiency in service on the part of A.”
c. No, since it is the fault of the power breakdown.
d. None of the above.
Answer: a - A went to the mall for shopping and bought cloths worth rupees 5000. He got an offer of getting the cloths fitted for free from the mall’s branded tailoring shop on his shopping. The said shop stitched the cloths with wrong fitting. A wants to sue the mall. Will A succeed?
a. Yes, since the brand new cloths got ruined.
b. Yes, since it is deficiency in service.
c. No, since A cannot claim deficiency in service for something he got for free.
d. None of the above
Answer: c - A was entitled to insurance money after the death of her husband. The Insurance agency took 14 years to disburse the amount claiming that papers were not in order. A filed for deficiency in service. A will:
a. Succeed in her claim
b. Will not succeed in her claim
c. There is no deficiency in service since the claim has been disbursed.
d. None of the above.
Answer: a - Which of the following is not a service according to the above passage?
a. Food delivery
b. Medical services
c. Insurance
d. Athlete’s contract to perform
Answer: d - Which of the following cannot be attributed to the above passage?
a. Service does not include rendering service free of charge
b. Service does not include service under contract for personal services
c. The word deficiency must be in the relation to service
d. The services must be complete irrespective of the circumstances
Answer: d
