Have you ever encountered any discrepancy with the amount, quality or features while purchasing any product?
This is nothing but a deficiency of services. For example,
The complainant, an army officer, booked 5 Special Onam Sadyas from Maze Restaurant for a Thiruonam lunch. After paying Rs 1295 in advance, the restaurant failed to deliver the ‘Sadya’ on time, leaving the complainant and her guests without food. The restaurant later offered to refund the amount, but the complainant sought a refund and monetary compensation for the mental agony she experienced.
What is meant by “Deficiency of Service”?
- According to the definition under Section. 2(11) of Consumer Protection Act 2019 (“the Act”), any sort of imperfection, or defect in the feature, quality, amount, worth, authenticity, its capacity or potential, and standard which is obligatory to be maintained and regulated as per the laws and statutes in function or any agreement/contract claimed by the seller, with respect to the products and goods, is known as deficiency.
- A service breach may result in minor to serious repercussions, such as annoyance, harassment, physical or mental harm, or even death, and may also give rise to legal issues.
What to do in case you encounter a deficiency of service?
In case of any deficiency in services, the consumer can approach Consumer Courts constituted under the Act. After the commencement of the new Consumer Protection Act, 2019, consumer complaints can now be registered electronically
How to File a Complaint
To file a complaint under the Consumer Protection Act, consumers need to:
- Gather evidence of the defect and the harm caused.
- File a complaint with the Consumer Forum, specifying the details of the case, the compensation sought, and any other relief desired.
- Provide necessary documents, such as medical reports (in case of illness or injury), purchase receipts, and any other evidence supporting the claim.
Consumer Courts are a three-tiered court system (National, State, and District levels) that unhappy consumers can access for dispute resolution and adjudication based on the merits of the case.
What is the alternative to court proceedings?
MEDIATION
According to Section 37 of the Act, the relevant Forum may, with the parties’ permission, suggest mediation as a reasonable settlement alternative if it believes it to be a workable option. In that scenario, disputing parties must provide the Forum with their written agreement within five days of the proposal. Should mediation not succeed, the matter will return before the Forum
In accordance with Section 81(1), no appeal against the Mediation Order may be made and considered by the appropriate venue.
These rules offer significant progress in the areas of consumer rights protection, enhanced accountability, and public welfare security systems. In basic terms, it helps customers understand which fees are imposed by the government and which are entirely optional. It also protects them from additional pressure.
