This document defines "deficiency" under the Consumer Protection Act of 1986 as any fault, imperfection, shortcoming or inadequacy in the quality, nature, or manner of performing a service that is either required by law or undertaken as part of a contract or otherwise. It notes deficiencies can arise from services rendered with faults, imperfections, shortcomings or inadequacies in terms of quality, nature or performance. The definition excludes free services or contracts for personal service. Examples of potential deficiencies in airways and banking services are provided.

1. “Defeciencies in Service”
under
Consumer Protection act,1986
Presented by- Aditya Kashyap
Presented by- Aditya Kashyap
A Strange Case of Dr. Jekyll and Mr. HydeA Strange Case of Dr.
Jekyll and Mr. Hyde
“Deficiencies in Service” under
Consumer Protection Act, 1986
Aditya Kashyap
Roll no. 16183
Group no. - XXXI

2. Definition of “Deficiency”
Sec. 2(1) g defines “ deficiency” in service as :
“deficiency” means any fault, imperfection, shortcoming or
inadequacy in the quality, nature and manner of performance which
is required o 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;

3. Concept of deficiency
i) Quality
ii) Nature
iii) Manner of
performance
Which is required
to be maintained
OR
Has been
undertaken to be
preformed by a
person
a) By Law
b) Under any
Law
a) In pursuance
of a Contract
b) Otherwise
i) Fault
ii) Imperfection
iii) Shortcoming
iv) Inadequacy

4. Exceptions to the definition
The definition specifically excludes two types of
Services, namely :
Service rendered “ free of charge”
Contract of Personal Service

5. Airways
(Relevant Act : The Carriage by Air Act 1972
Denial of Seat
Change of Schedule
Refund of lost Tickets
Food aboard
Delay in flight
Case Laws :-
1.
2.

6. Banking
(Relevant Acts : Banking Regulation Act 1949
Reserve Bank of India Act 1934)
Payment of Cheques
Issuance of Draft
Granting of Loans
Fixed Deposits
Transfer of funds
Liability for the Locker
Case Laws :-
1.
2.