claiming a compensation of
Rs.Five lakhs for the delay and deficiency in service resulting in physical
discomfort, mental agony and inconvenience. The respondent listed ... aggrieved person to claim relief under the Act. The
rendering of deficient service has to be considered and decided in each case
according
complaint, till its realization, and
imposed costs of `1 lakh for deficiency of service.
1
2) The appellant before us is an International Cargo carrier ... decide a complaint
filed by the consignor claiming compensation for
deficiency of service by the carrier, in view of the
provisions
that the Opposite Party University has indulged in deficiency of service and unfair trade practice by inducing them and false assurances that the University ... purview of deficiency as defined in the 20 Consumer Protection Act , which defines the `deficiency' as under:
"`Deficiency' means any fault, imperfection
appellants cannot be made liable,
much less on the ground of deficiency in service. As a matter of fact,
the scheduled time of departure ... aggrieved person
to claim relief under the Act. The rendering of
deficient service has to be considered and decided
in each case according
Complaints in
the post CABG operation which tantamount to poor and
deficient service as well as negligence on the part of the OPs.
7.
After ... associated with the
treatment of Sri Chowdhury provided very poor and deficient service in respect
of the treatment of the patient and even no consent
opposite parties alleging medical negligence and deficiency in
service on the part of opposite parties No.1 to 5, resulting into death of
their daughter ... opposite parties No.1 to 5 amount to medical negligence and
deficiency in service. Hence, the present complaint.
Defence of the Opposite Parties
12. Upon
date of possession;
ii) to refund Rs.2,00,000/- towards deficiency of service;
iii) to refund the conveyance deed charges ... that the long delay in delivery of possession itself amounts to
deficiency in service. Alleging deficiency in service and unfair trade
practice on the part
party no. 2 / appellant no. 2 principally relates to alleged 'deficiency in service'.
The opposite party no. 3 / appellant ... giving our reasoned judgment hereinafter.
4. Allegations of 'deficiency in service' and 'unfair trade practice' were made by the complainants
above act on the part of
opponent is nothing but deficiency of service within the meaning of
Consumer Protection Act, 1986 therefore, complainant has filed ... Commission, therefore,
without any proof of deficiency, the opposite party cannot be held
responsible for deficiency in service. In a judgment of this Court
reported
definition of ‘service’ and ‘deficiency’.
Though ‘deficiency’ is placed ahead of ‘service’ in the
expressions used in the Consumer Protection Act, 1986 and
defined ... however to first examine the
definition of ‘service’.
40. As per Section 2(o) , ‘service’ means service of any
description which is made available
